Pandemic Collaborations Pose Risk Of Future Patent Disputes
Law360 highlights Marylee’s positon, writing “for attorneys working with companies involved in these collaborations, it's important to remind everyone that disputes do happen and documenting specific issues early will be helpful in the long-run,” Marylee Jenkins of Arent Fox LLP said. “I refer to it as the marriage and folks don't want to focus on the divorce. So there's generally a lack of good documentation of how the partnership is going to work,” Jenkins said.
“In the ‘hyperspeed mode’ of fighting the pandemic, where people are focused on results, that problem might be more acute,” she said. “Among the issues collaborators should consider confronting head-on are who is going to do what, how far resulting patent rights extend and what countries they cover.”
“I think it's important to work with your legal counsel and get them involved very quickly in the early part of the collaboration. Don't wait until the end,” Jenkins said.
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