Morgan Lewis on Life Sciences
March/April 2005

In this Issue:

• Changing Strategies in Joint Research and Collaboration Agreements: The Impact of the Cooperative Research and Technology Enhancement Act:
  Under U.S. patent law, publications that describe (either alone or in combination) an invention, and that predate that invention, can render that invention unpatentable. These publications are known as "prior art." The goal of this law is to ensure that patent protection is granted to the first inventor. However, in certain situations this law has been counterbalanced by one of the overriding purposes of the patent system, that of encouraging innovation. Thus, certain exceptions have developed, and not all prior art is assertable against a patent application to render an invention unpatentable.
• Breaking News: Gobal Outsourcing Practice Expands with the Addition of Two Leading Lawyers in New York
• NIH Issues New Guidelines Governing Outside Consulting Relationships:
  On February 1, the National Institutes of Health (NIH) announced a new supplemental ethics regulation that addresses outside consulting activities by NIH
  employees. The regulation was developed by the Department of Health and Human Services (HHS), with the concurrence of the Office of Government Ethics, the federal agency that prescribes executive branch ethics standards. The new regulation focuses on outside activities, financial holdings, and awards for all NIH employees. It raises many questions about consulting and advisory relationships between NIH employees and emerging growth companies of all sizes.
• Events, Speeches, & Articles

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