PHS generally seeks to patent biomedical technologies when a patent will facilitate and attract investment by commercial partners for further research and commercial development of the technology. Patent protection generally will not be sought by the PHS where further research and development is not necessary to realize the technology's primary use and future therapeutic, diagnostic, or preventive uses are not reasonably anticipated. For example, PHS generally will not seek patent protection for commercially valuable research tools (knock-out mice, receptors, cell lines) for the sole purpose of excluding others from using the patentable subject matter without a license. Such materials can be licensed under biological materials licenses or distributed to the research community without further compensation…
When commercialization and technology transfer can best be accomplished without patent protection, such protection will not be sought. For example, some technologies may be commercialized through non-patent licensing, and some technologies are transferred to the private sector most expeditiously through publication. For those best transferred through publication, patenting and licensing are unnecessary and could inhibit broad dissemination and application of the technology. Methods of performing surgical procedures, for example, could fall within this category.
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