Research collaborations often form the bedrock of truly great science. Scientific alliances can also help businesses commercialize their basic research or reveal the next blockbuster drug. In recent years, economic and competitive pressures have encouraged research collaborations between universities and industry, and between small biotech companies and Big Pharma. While these associations frequently prove to be beneficial for all parties, research collaborations can sometimes trap the unwary, creating legal entanglements and endangering intellectual property rights. Recent US court decisions on such cases, as well as pending legislation, may affect research relationships in 2005 and beyond.
One of the most common reasons for a soured research relationship is a patent dispute. In some cases, organizations have convinced courts to include one of their inventors on a patent solely owned by a former collaborator. "This would be the legal equivalent of open warfare," says David J. Aston, a partner with the Palo ...
