Obtaining license from educational institutions allows an individual to access such a technology at a price that is lower than if the person was to develop the technology by him or herself (Rahm, 1994, 14).Although one may be licensed to use a certain technology, the university may put some limits to the use of that particular technology. However, it is not all the time a university may limit ones license to a particular field of use. Universities in this case may retain some rights for its technology. For example, the university may reserve the patents on the technology for one not use it for education purposes and research, or publish papers regarding the technology. In addition, the research sponsor may also retain some rights on the technology. For example, if the innovation of the technology was sponsored by a government, the government reserves certain rights to use the technology to perform certain functions (Rahm, 1994, 17).In this matter, there are factors which universities should consider when licensing technology. First, the universities should retain the right to put into practice the licensed inventions and give room for governmental organizations and non-profit to practice too. In the process of preserving university ability to do research, it is good to allow the researchers to publish their research results in peer reviewed journals or dissertations. Other scholars should also be allowed to make verification of the published results irrespective of patents. Also the university should retain rights to a technology in all fields of application, even if the technology has been exclusively licensed to a commercial entity (Kalis, 2001, 122). For example, the case of John M.J. Madey v. Duke University. 307 F.3d 1351. 64 U.S.P.Q.2d (BNA) 1737, infringement on the licensed technology for non-profit activities by the university and other organization was exempted. Allowing the patents infringement will enable thestudents to practice issues in real life situation.
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