National Institute of Health Study Paper.
In this case, a competitor cannot get a copy of this grant from NIH (National Institute for
Health) because the government did not fund the client’s work and there are laws limiting
dissemination or utilization of research tools. Worth noting is that NIH has various roles in
biomedical study that suggest several options for aiding dissemination of tools for research. National Institute of Health Study Paper.
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It functions as an end user of these research tools and a leading supplier or producer of new tools.
It also has considerable interest in the manner in which its grantees gets research tools from
different institutions including private companies. However, existing law restricts its authority in a number of aspects. In particular, the area of patent rights is well secured through the existing law. For instance, the Bayh-Dole law permitted the recipients of grants to patent any ensuing
inventions (Miller 3-7). Hence, a competitor can be blocked from getting a copy of the grant
from the institution. Under the law, the Congress is mandated to utilize the patent system in
encouraging maximum partaking of small and private companies in federally support research as
well as insure that inventions by small firms are utilized in a way to support free competition
(National Institute of Health web). National Institute of Health Study Paper. Nevertheless, a major push in this law is that it permits
recipients of grants to patent their inventions. Thus, the private company can patent information
surrounding the entire project to ensure that competitors do not get a copy. In sum, an agreement
can be negotiated to ensure that the competitor cannot acquire a copy of the grant.
As mentioned above, the government has a responsibility to disseminate so that the
public can get the outcomes of various projects. This means that it can release grants it deems essential for expedited transformation of research outcomes into information, products as well as
procedure to advance human health (Shamoo and Resnik 181). This means of sharing knowledge
also means that the government supports grantees to arrange for dissemination of original
research in main scientific journals. In sum, the government through such agencies as NIH
promotes release of the grant to serve these as well as other crucial scientific objectives. National Institute of Health Study Paper.
However, the government can be stopped from doing so because grantees are owners of the
rights in data ensuing from grant-supported projects. Worth noting is that rights in data is
extended to include private firms and hence they can be stopped. What is more, as long as
grantees observe the provisions outlined in Bayh-Dole law, they retain the right to release of the
grant. In cases where grantees arrange for release in primary scientific journals including
government publications, they also should claim copyright in such articles. In sum, the United
States administration invests considerable amounts every year in scientific studies. The NIH
funds a remarkable amount of biomedical research and besides running its research centers; the
institution provides generous grants to medical schools as well as private firms. National Institute of Health Study Paper.Such a role
underlines its concern with the manner in which patent rights are handled. However, it must also
oversee that research tools are made available to different stakeholders including fellow
competitors. This way, enhancements in biomedical research can continuously yield outcomes
that occupy a central role improving general health. In conclusion, patent right protection is
critical in ensuring that competitors cease to misuse inventors’ work including reproduction. National Institute of Health Study Paper.
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Work cited
Miller, Aaron. Repairing the Bayh-Dole Act: a proposal for restoring non-profit access to
university science. B.C. Intell. Prop. & Tech. F. 093001, 2005.
National Institute of Health. NIH grants policy statement. National Institute of Health Study Paper.Maryland, USA: National Institutes of
Health.
Shamoo, Adil, Resnik, David. Responsible conduct of research. USA: Oxford University Press,
2009. Print. National Institute of Health Study Paper.