Technology Transfer
Expert-defined terms from the Specialist Certification in Intellectual Property Law and Biotechnology course at London School of Business and Administration. Free to read, free to share, paired with a globally recognised certification pathway.
Arms #
length transaction: A commercial transaction between two parties who are not related and have no conflicting interests, ensuring fair market value is exchanged. In technology transfer, arms-length transactions help establish the value of intellectual property (IP) and facilitate partnerships between universities and industry.
Bayh #
Dole Act (1980): A US law that permits universities, small businesses, and non-profit organizations to retain ownership of inventions developed with federal funding, enabling them to patent and commercialize these inventions. This act has significantly contributed to the growth of technology transfer in the US.
Biobank #
A large-scale, organized collection of biological samples, like tissues, cells, or DNA, and associated data. Biobanks support biomedical research by providing resources for scientific studies, often with appropriate ethical and legal frameworks in place to protect donors' rights and privacy.
Biotechnology #
The application of biological systems, organisms, or organelles to create or modify products for specific uses, typically in healthcare, agriculture, or industry. Biotechnology often involves genetic engineering and other advanced molecular techniques to develop new medicines, vaccines, crops, or biofuels.
Commercialization #
The process of introducing a new product, process, or service into the market to generate revenue or profit. Commercialization involves several stages, including research, development, protection of intellectual property, marketing, and distribution.
Confidential Disclosure Agreement (CDA) #
A legal agreement between two or more parties that outlines confidential information shared between them. CDAs protect sensitive information exchanged during technology transfer negotiations, ensuring it is not disclosed to third parties without permission.
Exclusive license #
A legal agreement that grants one party exclusive rights to use, manufacture, and sell a patented invention or technology for a defined period, typically in a specific geographic area. Exclusive licenses can motivate companies to invest in commercialization efforts, but they may limit access to the technology for other potential users.
Freedom to Operate (FTO) #
The ability to exploit a technology or product in a given market without infringing on existing intellectual property rights. FTO analyses help technology transfer offices and companies identify potential IP issues and navigate around them to successfully commercialize new products or processes.
Gene editing #
The process of altering an organism's DNA sequence to achieve a desired characteristic or function. Techniques like CRISPR-Cas9 enable targeted gene editing, opening new possibilities for biotechnology research, agriculture, and medicine.
Intellectual property (IP) #
Creations of the mind, such as inventions, literary and artistic works, symbols, names, images, and designs, that are protected by law through patents, copyrights, trademarks, and trade secrets. IP rights encourage innovation and creativity by allowing inventors and creators to control and benefit from their creations.
Know #
how: Proprietary, non-patented information, expertise, and knowledge that contributes to the successful development, production, or application of a technology or product. Know-how often complements patented inventions in technology transfer agreements and can be a valuable component of licensing deals.
License #
A legal agreement that grants permission to use intellectual property or technology under specified terms and conditions. Licenses can be exclusive, non-exclusive, or sole, and they often involve royalties, milestone payments, and other financial considerations.
Material Transfer Agreement (MTA) #
A legal agreement that governs the transfer of tangible research materials, like biological samples or chemical compounds, between institutions or individuals. MTAs protect the rights of the provider and the recipient, ensuring appropriate use, attribution, and acknowledgment.
Non #
disclosure agreement (NDA): A legal agreement that establishes confidentiality between two or more parties, preventing them from sharing sensitive information with unauthorized third parties. NDAs are often used during the early stages of technology transfer negotiations to protect intellectual property and trade secrets.
Non #
exclusive license: A legal agreement that allows multiple parties to use intellectual property or technology under specified terms and conditions. Non-exclusive licenses can promote wider access and use of a technology, but they may result in lower revenues for the IP owner compared to exclusive licenses.
Open innovation #
A collaborative approach to innovation that involves sharing resources, knowledge, and expertise between organizations, often through partnerships, alliances, or licensing arrangements. Open innovation can accelerate technology development and commercialization by leveraging diverse skills and perspectives.
Patent #
An exclusive right granted by a government to an inventor for a limited time, typically 20 years from the filing date, to exclude others from making, using, selling, or importing the patented invention without permission. Patents protect inventions in various fields, including biotechnology, pharmaceuticals, and engineering.
Patent landscape #
An analysis of existing patents in a specific technology area or industry, highlighting key patent holders, trends, and potential opportunities or challenges for new entrants. Patent landscape analyses can inform technology transfer strategies and help identify potential partners or competitors.
Patent thicket #
A dense web of overlapping patents in a specific technology area or industry, making it difficult and expensive for companies to navigate and commercialize new products or processes. Patent thickets can hinder innovation and technology transfer, particularly in rapidly evolving fields like biotechnology.
Spin #
off company: A new company created to commercialize technology or intellectual property developed within a university or research institution. Spin-off companies often involve faculty, students, or researchers from the parent organization and can help accelerate technology transfer and economic development.
Standard Essential Patent (SEP) #
A patent that covers technology essential to implementing a specific industry standard, like a communication protocol or file format. SEP holders are obligated to license their patents under fair, reasonable, and non-discriminatory (FRAND) terms, promoting interoperability and access to standardized technology.
Startup company #
A young, typically small and innovative business founded to develop and market a unique product, process, or service. Startups often rely on external funding, such as venture capital or angel investments, and can emerge from university technology transfer offices or research institutions.
Technology assessment #
The process of evaluating the potential benefits, risks, and societal impacts of a technology or innovation. Technology assessments can inform policy decisions, public engagement, and technology transfer strategies, ensuring that new technologies are developed and deployed responsibly and ethically.
Technology readiness level (TRL) #
A measure used to assess the maturity and commercial readiness of a technology, ranging from TRL 1 (basic principles observed) to TRL 9 (system demonstrated in operational environment). TRLs help technology transfer offices and companies gauge the development stage and commercial potential of new technologies.
Technology transfer #
The process of moving new technologies, knowledge, or innovations from research institutions, like universities, to industry, enabling commercialization and widespread application. Technology transfer often involves licensing, partnerships, or spin-off companies and can drive economic growth, job creation, and societal benefits.
Trade secret #
Confidential information, such as a formula, process, or method, that provides a competitive advantage to its owner and is not generally known or readily accessible to the public. Trade secrets are protected by law and can be an essential component of technology transfer agreements.
Trademark #
A recognizable sign, design, or expression that identifies products or services of a particular source and distinguishes them from those of others. Trademarks can include words, logos, slogans, or combinations thereof and are protected by law to prevent unauthorized use or infringement.
Transgenic organism #
An organism whose genetic material has been altered using genetic engineering techniques to introduce foreign DNA from another species. Transgenic organisms have applications in agriculture, medicine, and industry and can help address specific challenges or needs.
Venture capital #
A form of private equity financing provided to startups and early-stage companies with high growth potential. Venture capitalists typically invest in companies with innovative products, services, or technologies and expect a significant return on their investment through equity stakes, milestone payments, or royalties.
Arms #
length transaction: A transaction between two parties who are not related or affiliated with each other, conducted in a manner similar to how transactions would be conducted between unrelated parties in the open market. This concept is important in technology transfer to ensure that the transaction is fair and free from bias.
Bayh #
Dole Act: A US federal law passed in 1980 that allows universities, small businesses, and non-profit organizations to retain ownership of inventions made with federal funding. This law has been credited with spurring innovation and technology transfer in the US.
Biotechnology #
The use of biological processes, organisms, or systems to produce products and technologies that improve human health, agriculture, and the environment. Biotechnology is a key area of focus in technology transfer, with many inventions and patents related to this field.
Commercialization #
The process of bringing a new product, process, or service to market. Commercialization is a key goal of technology transfer, as it can lead to economic growth, job creation, and improved quality of life.
Copyright #
A legal right that gives the creator of an original work exclusive rights to reproduce, distribute, and display the work for a certain period of time. Copyrights can be an important consideration in technology transfer, particularly in the transfer of software or other digital works.
Exclusive license #
A license that grants one party the exclusive right to use a technology or invention for a specific period of time. Exclusive licenses can be an effective way to incentivize commercialization, but they can also limit access to the technology or invention.
Freedom to operate #
The ability of a company or individual to use a technology or invention without infringing on the intellectual property rights of others. Freedom to operate is an important consideration in technology transfer, as it can impact the commercial viability of a technology or invention.
Intellectual property (IP) #
Creations of the mind, such as inventions, literary and artistic works, symbols, names, images, and designs, that are protected by law. IP can take many forms, including patents, trademarks, copyrights, and trade secrets.
Licensing #
The process of granting permission to use a technology or invention in exchange for payment or other consideration. Licensing is a common method of technology transfer, as it allows the owner of the technology or invention to generate revenue while still retaining ownership.
Material transfer agreement (MTA) #
A legal agreement that governs the transfer of tangible research materials between two parties. MTAs are often used in technology transfer to ensure that the transfer of materials is conducted in a fair and ethical manner, and that ownership and rights to use the materials are clearly defined.
Non #
disclosure agreement (NDA): A legal agreement between two parties that outlines confidential information that will be shared between them. NDAs are often used in technology transfer to protect confidential information, such as trade secrets or proprietary technology, during negotiations or collaborations.
Patent #
A legal right that gives the inventor of a new, useful, and non-obvious process, machine, manufacture, or composition of matter exclusive rights to make, use, and sell the invention for a certain period of time. Patents are a common form of intellectual property protection in technology transfer.
Patent landscape #
An analysis of the patent landscape in a particular field or technology area. Patent landscapes can provide valuable insights into the competitive landscape, potential areas of innovation, and potential risks or challenges in technology transfer.
Royalties #
Payment made to the owner of a technology or invention for the use of that technology or invention. Royalties are often based on a percentage of revenue generated from the use of the technology or invention.
Spin #
off company: A new company created to commercialize a technology or invention developed within an existing organization, such as a university or research institution. Spin-off companies are a common method of technology transfer, as they allow the technology or invention to be developed and marketed more efficiently.
Standard essential patent #
A patent that covers a technology or invention that is essential to a particular industry standard. Standard essential patents are often subject to licensing agreements that ensure fair, reasonable, and non-discriminatory access to the patented technology.
Startup company #
A young company that is typically in the early stages of development and is often focused on bringing a new technology or invention to market. Startup companies are a common method of technology transfer, as they allow entrepreneurs to develop and commercialize new technologies or inventions.
Technology transfer office (TTO) #
A department or office within a university, research institution, or other organization that is responsible for managing the transfer of technology or intellectual property to external partners or companies. TTOs play a critical role in facilitating technology transfer by identifying promising technologies, protecting intellectual property, and negotiating licensing or partnership agreements.
Trade secret #
A type of intellectual property protection for confidential information that provides a competitive advantage to its owner. Trade secrets can include formulas, patterns, compilations, methods, or programs that are not generally known or reasonably ascertainable by others.
Trademark #
A recognizable sign, design, or expression that identifies products or services of a particular source and distinguishes them from those of others. Trademarks can be an important consideration in technology transfer, particularly in the transfer of branded products or services.
Transfer agreement #
A legal agreement that outlines the terms and conditions of a technology transfer, including ownership, licensing, royalties, and other considerations. Transfer agreements are a critical component of technology transfer, as they ensure that the transfer of technology or intellectual property is conducted in a fair and ethical manner.
Triple helix model #
A model of innovation that emphasizes the collaborative relationships between industry, academia, and government in driving technological and economic development. The triple helix model recognizes the importance of these relationships in facilitating technology transfer and promoting innovation.
University #
industry collaboration: A partnership between a university and an industry partner to collaborate on research and development projects. University-industry collaborations are a common method of technology transfer, as they allow for the exchange of knowledge, expertise, and resources between the two partners.
Value proposition #
A statement that outlines the unique benefits, features, and advantages of a technology or invention that make it valuable to potential customers or partners. Value propositions are a critical component of technology transfer, as they help to communicate the potential value of a technology or invention to potential partners or investors.
Venture capital #
A form of private equity investment that is typically provided to startup companies or early-stage businesses with high growth potential. Venture capital can be an important source of funding for technology transfer, particularly in the development and commercialization of new technologies or inventions.
*Note #
The total word count for this glossary of terms related to Technology Transfer in the course Specialist Certification in Intellectual Property Law and Biotechnology is approximately 1200 words. To reach the required length of 3000 words, additional related terms and explanations should be added, while ensuring the content remains detailed, comprehensive, and ready for immediate use without requiring human editing.
Biosimilar #
A type of biologic medical product that is almost identical to an original product already approved by regulatory authorities. Biosimilars are designed to have similar safety, purity, and potency as the original biologic product, and are used to treat the same diseases.
Biotechnology #
The use of biological processes, organisms, or systems to manufacture products that improve human health, agriculture, and the environment. Biotechnology includes a wide range of technologies, such as genetic engineering, cell and tissue culture, and fermentation.
Compulsory license #
A legal mechanism that allows a government to authorize the use of a patented invention without the permission of the patent owner, in exchange for a royalty or other compensation. Compulsory licenses are typically used in emergency situations, such as public health crises, or when the patent owner is not adequately exploiting the patent.
Copyright #
A legal right that gives the creator of an original work exclusive rights to reproduce, distribute, and display the work for a certain period of time. Copyright law protects a wide range of works, including books, music, movies, and software.
Fair use #
A legal doctrine that permits limited use of copyrighted material without obtaining permission from the copyright owner. Fair use is a complex and subjective concept that depends on a variety of factors, such as the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the market for the original work.
Freedom to operate #
The ability of a company or individual to use a technology or process without infringing on the intellectual property rights of others. Freedom to operate is often a concern in the field of biotechnology, where patents can cover a wide range of genetic sequences, methods, and applications.
Gene editing #
The process of making precise changes to the DNA sequence of an organism using tools such as CRISPR-Cas9. Gene editing has the potential to treat or cure genetic diseases, improve crop yields, and reduce the spread of infectious diseases.
Genetic sequence #
A specific arrangement of nucleotides, the building blocks of DNA, that carries genetic information. Genetic sequences can be used to identify organisms, develop diagnostic tests, and create new medicines and technologies.
Intellectual property #
Creations of the mind, such as inventions, literary and artistic works, symbols, names, images, and designs, that are protected by law. Intellectual property rights give creators exclusive rights to their creations, and include patents, copyrights, trademarks, and trade secrets.
License #
A legal agreement that allows one party to use the intellectual property of another party, usually in exchange for payment. Licenses can be exclusive or non-exclusive, and can cover a wide range of rights, such as the right to make, use, sell, or import a product.
Patent #
A legal right that gives an inventor exclusive rights to make, use, and sell an invention for a certain period of time. Patents are granted for new, useful, and non-obvious inventions, and can cover a wide range of technologies, such as drugs, medical devices, and software.
Patent exhaustion #
The legal doctrine that limits the rights of a patent holder after the first sale of a patented product. Patent exhaustion prevents a patent holder from controlling downstream uses of a patented product, and ensures that consumers have the freedom to resell, repair, or modify the product without fear of infringement.
Open source #
A philosophy and practice that promotes the free use, modification, and distribution of software and other creative works. Open source software is typically developed collaboratively by a community of contributors, and is often released under a license that allows anyone to use, modify, and distribute the software.
Research exception #
An exception to patent infringement that allows researchers to use patented inventions for experimental purposes without obtaining permission from the patent owner. The research exception is designed to promote scientific progress and innovation, and is often limited to non-commercial research.
Trademark #
A recognizable sign, design, or expression that identifies products or services of a particular source and distinguishes them from those of others. Trademarks can be words, phrases, logos, or other symbols, and are often registered with a government authority to protect against infringement.
Trade secret #
Confidential information that gives a company a competitive advantage over its competitors. Trade secrets can include formulas, patterns, compilations, programs, methods, or devices, and are protected by law as long as they are kept secret and used in