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Patents and Profits

The goal of this section is to bring an awareness of the role of the legal system in the creation of, protection of, and profit from intellectual property such as new antibiotics.

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Unit #1 Patenting Candidin

Objective Students will be able to describe the process of patent protection from the perspective of the inventor; describe and analyze the role of the Patent Office and government investigators in protecting existing patents, examining the worth of new patent proposals.

Interdisciplinary Connection Information of a technical/scientific nature is presented and a science teacher's (biology) helpful guidance in explaining fungi and anti-fungal agents would help. The science teacher could also explain the process of scientific research and documentation.

Directions This unit would fit into an overall discussion of the role of the Federal government and Patents. Students should be prepped for this specific unit with the basics on patents (what, how long, who can). Critical thinking questions can be developed to extend the discussion at the end to other areas of "intellectual property" such as music (the NAPSTER case). Clicking on the link above (Unit #1 Patenting Candidin) will take you to a directory of the documents. Print out one copy of each document, place them in chronological order, and then photocopy a class set to distribute. Reproduction of these documents is encouraged and permitted for educational use only, with proper citation given to the Rutgers University Archives and Special Collections, and the Electronic NJ History project.

The documents provided for this unit are derived from WAKSMAN papers deposited in the Rutgers University Archives and Special Collections. They represent letters that went between the legal offices handling the case for Dr. Waksman, the Patent Office, and various researchers who are asked to provide documentation and test results.

Unit #2 The Schatz Lawsuit

Objective Students will be able, through the use of primary source documents, to describe the legal arguments on both sides of the case, analyze the legal strategies employed by the parties, and evaluate the eventual settlement. Students will be able to take their knowledge of this case and apply it to other issues involving the discovery and creation of intellectual property.

Interdisciplinary Connection A science teacher who has done graduate-level research could explain his/her view on the ethical aspects of the contributions that others have made in their work, or in their own contribution to someone else's work. A business teacher who is versed in the business aspect of patents can present analysis on the financial aspects of the case.

Directions Students should have a basic understanding of patents and the legal system as it pertains to civil cases. Critical thinking questions can be developed to extend the discussion at the end to other areas of "intellectual property" such as music (the NAPSTER case). Clicking on the link above (Unit #2 The Schatz Lawsuit) will take you to a directory of the documents. Print out one copy of each document, place them in chronological order, and then photocopy a class set to distribute. Reproduction of these documents is encouraged and permitted for educational use only, with proper citation given to the Rutgers University Archives and Special Collections, and the Electronic NJ History project.

The documents provided for this unit are derived from WAKSMAN papers deposited in the Rutgers University Archives and Special Collections. They represent letters that went between the legal offices handling the case for Dr. Waksman, the Patent Office, and various researchers who are asked to provide documentation and test results.