[Ip-health] Fred Hutchinson Cancer Center often fails to disclose federal funding of inventions on initial patent

James Love james.love at keionline.org
Fri Oct 20 06:33:14 PDT 2017


This is another case of an organization that receives federal funding
failing to disclose the federal funding on the initial patent application.
In this case, like the Penn case involving CAR T patents,  Fred
Hutchinson Cancer Center later received certificates of correction, to
disclose the funding.

The omissions on the original patent involved 45 percent of the the patents
that Fred Hutchinson initially claimed did not have federal funding.  The
most recent corrections were in 2015.

The corrections, when they are made, are often come late, and can be easily
overlooked.

For example, patent 8349554  was filed in 2008, granted January 2013, and
corrected to disclose the federal funding of the invention January 2015.
The fact a correction has been made is noted at the bottom of the version
of the patent published by Google, under legal events, and at the top of
the USTPO web page, but the actual correction, which could cover other
issues such as mistakes in the specifications, assignments or citations, is
only visible when you download and view the image files.


http://www.keionline.org/node/2884


Fred Hutchinson Cancer Center often fails to disclose federal funding of
inventions on initial patent

Summary:

* A review of the "certificate of correction" to patents assigned to the
Fred Hutchinson Cancer Center finds frequent failures to disclose federal
funding on initial patent applications.

* When Fred Hutchinson reported no federal funding on patent applications,
it was wrong 45 percent of the time, according to corrections later filed
with the USPTO.

-----------
On October 19, 2017, I ran a query of the USPTO database of granted patents
to identify patents granted to the Seattle based Fred Hutchinson Cancer
Center.

A search for all patents assigned to "fred hutchinson" identified 151
patents.

      Results of Search in US Patent Collection db for:
      AN/"fred hutchinson": 151 patents.

I then ran a query to identify all of the patents that did not declare
federal funding in the patent. This query identified 29 patents.

      Results of Search in US Patent Collection db for:

      (AN/"fred hutchinson" ANDNOT GOVT/government): 29 patents.

Finally, I checked each of the 29 patents that did not identify federal
funding for a "certificate of correction' on the topic of federal funding
of the invention. The results are presented in the table below. Of the 29
patents that did not originally declare federal funding, 13 were later
amended to disclose federal grants and federal government rights in the
patents.

The high rate of corrections (45 percent of patents that initially claimed
no federal funding were later corrected) illustrates the challenges of
using text base query tools to identify federal rights, since none of the
corrections are stored in text searchable formats.

.... Table follows in web page version

-- 
James Love.  Knowledge Ecology International
http://www.keionline.org/donate.html
KEI DC tel: +1.202.332.2670, US Mobile: +1.202.361.3040, Geneva Mobile:
+41.76.413.6584, twitter.com/jamie_love



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