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zbw2 replied to the topic Who should own clinical trial Inventions? in the forum Clinical Research Basics 7 years, 5 months ago
With any clinical trial, the ownership of the intellectual property will be established in the contracts between both employer and employee and between the sponsor and any contracted assistance. I think the IP should belong to which ever party owns the device/drug being researched. typically, as many have stated above, the party providing the funding usually has ownership of any resulting IP. this practice is clear when it comes to US Government funded projects. “The government shall obtain all rights to any invention made by an employee if any one of the following conditions applies: the invention is made during working hours; the invention is made using either government facilities, equipment, etc., or is made with the help of another government employee who is on official duty; or the invention relates to the official duties of the inventor”- based on Executive Order 10096.
http://www.tms.org/pubs/journals/JOM/matters/matters-9004.html