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  • alexandrabuga replied to the topic Who should own clinical trial Inventions? in the forum Clinical Research Basics 7 years, 5 months ago

    @srg36 there is a difference between inventorship and ownership. Even if an employee comes up with an invention at most hospitals and research institutions you assign you rights to the employer. This is actually usually included when you sign your employee agreement on your first day with HR. At sloan, if you create an invention while you’re an employee of Sloan using Sloan resources (equipment, etc) in the field of you work, MSK owns that invention. Inventors will receive a share (royalties), but MSK remains the owner of inventions and pays for patent prosecution and ultimately decides how the invention will be commercialized.
    Yes, clinical trial agreements lay out the terms of the clinical trial and can lay out IP terms if any IP arises or clarify any background IP. However negotiating terms with Industry can be difficult when it comes to IP, and usually the Sponsor of the clinical trial provides their template and want to retain ownership of any IP. Again inventorship will be determined by US patent law, but ownership for clinical trial inventions is an interesting topic.