Legal Documentation - Intellectual Property Rights

Intellectual Property Holder Rights

This page provides comprehensive documentation regarding the intellectual property (IP) rights associated with technologies and discoveries developed by Dr. Jacob K. McPherson as an independent researcher and inventor.

1. Ownership of Intellectual Property

1.1 Individual Ownership

All intellectual property described on this website is owned by Dr. Jacob K. McPherson as an independent individual inventor, unless otherwise specified. This includes:

  • Inventions and discoveries made independently
  • Technologies developed using personal resources
  • Innovations created outside of institutional employment obligations
  • IP developed through independent consulting and research activities

1.2 Inventor Rights

As the individual owner of intellectual property, Dr. McPherson retains full rights including:

  • The exclusive right to be named as inventor on patents and other IP registrations
  • Complete control over commercialization decisions and licensing strategies
  • Full ownership of all financial benefits, royalties, and other proceeds
  • The right to use, modify, and further develop the technology without restriction
  • Authority to assign, transfer, or license IP rights to third parties

1.3 Third-Party Rights

Some intellectual property may be subject to rights or restrictions from third parties when:

  • Co-invented with other independent researchers under formal collaboration agreements
  • Developed using materials subject to Material Transfer Agreements (MTAs)
  • Derived from or incorporating prior licensed technologies
  • Subject to research sponsorship agreements that grant specific rights to sponsors

In all such cases, the scope of third-party rights is explicitly defined by written agreements, and Dr. McPherson retains all rights not expressly granted to others.

2. Patents and Patent Applications

2.1 Patent Filing and Prosecution

Dr. McPherson, as an independent inventor, is responsible for:

  • Evaluating the patentability and commercial potential of inventions
  • Engaging patent attorneys and agents for filing and prosecuting patent applications
  • Filing patent applications in the United States and internationally as deemed appropriate
  • Maintaining issued patents through payment of maintenance fees
  • Managing the patent portfolio and making strategic decisions regarding scope and geographic coverage

2.2 Patent Rights

Patents provide Dr. McPherson with the exclusive right to:

  • Make, use, sell, offer for sale, and import the patented invention throughout the patent term
  • License these rights to third parties on terms of his choosing
  • Prevent others from using the patented technology without authorization
  • Take legal action against infringers to protect patent rights
  • Assign or transfer patent rights to other entities

2.3 Geographic Scope

Patent protection is territorial and must be obtained in each country or region where protection is desired. The portfolio may include:

  • United States patents and applications
  • International (PCT) patent applications
  • Patents and applications in key international markets (EU, Japan, China, etc.) based on commercial strategy
  • Continuation applications, divisionals, and continuations-in-part to extend patent families

3. Copyrights and Publications

3.2 Research Publications

Published research articles may involve:

  • Publisher copyright agreements where specific rights are licensed to publishers while the author retains other rights
  • Open access publication options that allow broader dissemination
  • Preprint repositories for early sharing of research findings
  • Author rights to share, reuse, and build upon published work for future research

3.3 Software and Data

Computer software, databases, and datasets developed independently are protected by:

  • Copyright in the source code, documentation, and user interfaces
  • License agreements (ranging from proprietary to open source) chosen by the author
  • Trade secret protection for confidential algorithms and methods
  • Terms of use and data sharing agreements that control downstream use

4. Trade Secrets and Confidential Information

4.1 Definition

Trade secrets include confidential business and technical information owned by Dr. McPherson that:

  • Derives economic value from not being generally known to others
  • Is subject to reasonable efforts to maintain its secrecy
  • Provides a competitive advantage in research or commercialization
  • Includes proprietary methods, formulations, data, and know-how

4.2 Protection Measures

Trade secret protection is maintained through:

  • Confidentiality and non-disclosure agreements with collaborators, employees, and contractors
  • Limited access to sensitive information on a need-to-know basis
  • Proper marking and handling procedures for confidential materials
  • Electronic security measures including encryption and access controls
  • Physical security for laboratory notebooks and materials

4.3 Disclosure Restrictions

Confidential information must not be disclosed without:

  • Appropriate confidentiality agreements executed by all parties
  • Explicit authorization from Dr. McPherson
  • Review of potential impact on patent rights (disclosure must occur after patent filing to preserve rights)
  • Consideration of competitive and commercial implications

5. Licensing and Technology Transfer

5.1 Types of Licenses

Dr. McPherson may grant various types of licenses for his intellectual property:

Exclusive Licenses - Grant rights to a single licensee for specified scope - May be limited by field of use, territory, or time period - Typically include significant commercialization obligations and milestone payments - Provide licensee with the right to enforce IP rights against infringers

Non-Exclusive Licenses - Grant rights to multiple licensees simultaneously - May be limited by field of use, territory, or time - Often used for research tools, enabling technologies, and platform applications - Provide broader dissemination while retaining maximum flexibility for the licensor

Option Agreements - Provide time for potential licensees to evaluate technology before committing to a full license - Include specified option fees, evaluation periods, and terms for license conversion - Convert to exclusive or non-exclusive licenses upon exercise

5.2 License Terms

License agreements are negotiated on a case-by-case basis and typically include:

  • Grant of rights (scope, field of use, territory, exclusivity, term)
  • Financial terms (upfront fees, milestone payments, royalties, equity)
  • Diligence obligations and development milestones
  • Reporting requirements and audit rights
  • Sublicensing provisions
  • Improvement and derivative work rights
  • Termination conditions and reversion of rights
  • Indemnification and liability provisions
  • Dispute resolution mechanisms (arbitration or litigation)

5.3 Revenue Sharing

As the individual owner of intellectual property, Dr. McPherson retains 100% of net proceeds from licensing and commercialization after payment of:

  • Patent filing, prosecution, and maintenance costs
  • Legal fees for license negotiations and enforcement
  • Costs of technology development and validation
  • Other direct expenses associated with IP management

6. Material Transfer Agreements (MTAs)

6.1 Outgoing MTAs

When providing materials to others, MTAs specify:

  • Precise description of materials being transferred
  • Permitted uses (e.g., research use only, no commercial use without separate license)
  • Ownership of original materials and derivatives or modifications
  • Publication rights, obligations, and acknowledgment requirements
  • Intellectual property rights in discoveries made using the materials
  • Liability disclaimers and warranties
  • Duration of the agreement and return/destruction obligations

6.2 Incoming MTAs

When receiving materials from others, Dr. McPherson ensures:

  • Careful review and agreement to terms before accepting or using materials
  • Strict compliance with use restrictions and limitations
  • Appropriate acknowledgment of sources in publications
  • Respect for IP rights of providers
  • Proper tracking, storage, and handling of materials
  • Understanding of rights to commercialize any resulting discoveries

7. Compliance and Ethical Considerations

7.1 Export Control

Certain technologies may be subject to U.S. export control regulations:

  • International Traffic in Arms Regulations (ITAR)
  • Export Administration Regulations (EAR)
  • Office of Foreign Assets Control (OFAC) sanctions

Dr. McPherson ensures compliance by:

  • Evaluating technologies for export control classification
  • Obtaining appropriate authorizations before sharing controlled technology internationally
  • Following publication review procedures for technical data
  • Maintaining records of international collaborations and material transfers

7.2 Research Integrity

All intellectual property activities are conducted in accordance with:

  • Best practices for scientific research integrity
  • Ethical guidelines for human subjects research (IRB approval where required)
  • Animal welfare regulations (IACUC approval where required)
  • Data management, security, and retention best practices
  • Transparency in reporting conflicts of interest

7.3 Conflict of Interest

Dr. McPherson discloses potential conflicts of interest including:

  • Financial interests in companies related to the research
  • Consulting relationships with entities that may license the technology
  • Equity ownership in companies commercializing the intellectual property
  • Any other relationships that may influence research objectivity

These disclosures are made to ensure transparency and maintain trust with collaborators, licensees, and the research community.

8. Rights and Obligations of Licensees

8.1 Licensee Rights

Licensees receive:

  • The right to practice licensed technology within the scope defined in the license agreement
  • Access to technical information, know-how, and documentation reasonably necessary to practice the technology
  • Representations regarding ownership and the right to grant the license
  • Reasonable support from Dr. McPherson as specified in the agreement (e.g., technical consultation, training)

8.2 Licensee Obligations

Licensees must:

  • Pay all required fees, royalties, and milestone payments in a timely manner
  • Meet agreed-upon development and commercialization milestones
  • Submit required progress reports, sales reports, and documentation
  • Maintain adequate insurance coverage and indemnify Dr. McPherson
  • Comply with all applicable laws, regulations, and ethical guidelines
  • Use commercially reasonable efforts to develop and market products incorporating the technology
  • Maintain confidentiality of proprietary information

8.3 Performance Monitoring

Dr. McPherson monitors licensee performance through:

  • Regular progress reports on development activities
  • Financial reporting of product sales and royalty calculations
  • Milestone tracking and diligence reviews
  • Periodic audits of records as specified in agreements
  • Communication regarding patent maintenance and enforcement

9. Dispute Resolution

9.1 Informal Resolution

Disputes regarding intellectual property should first be addressed through:

  • Direct communication between Dr. McPherson and the other party
  • Good faith negotiations to resolve differences
  • Consideration of mutually acceptable solutions
  • Mediation by a neutral third party if direct negotiation is unsuccessful

9.2 Formal Dispute Resolution

If informal resolution is unsuccessful, disputes may be resolved through:

  • Binding arbitration as specified in license agreements or other contracts
  • Arbitration conducted under rules of the American Arbitration Association or other agreed forum
  • Litigation in courts of appropriate jurisdiction
  • Engagement of legal counsel experienced in intellectual property disputes

10. Updates and Modifications

10.1 Policy Changes

This documentation reflects current policies and practices, which may be updated:

  • To reflect changes in legal or regulatory requirements
  • To incorporate best practices as they evolve
  • To adapt to changes in commercialization strategy
  • To address feedback from licensees and collaborators

Changes to this documentation will be noted with version numbers and effective dates.

10.2 Agreement Amendments

License agreements and other IP contracts may be modified:

  • By mutual written agreement of all parties
  • To comply with new legal or regulatory requirements
  • To address changed circumstances such as new patent filings or expanded scope
  • Following formal amendment procedures specified in the original agreement

11. Contact Information

For Licensing Inquiries and Intellectual Property Matters

Dr. Jacob K. McPherson, PharmD, PhD
Independent Researcher and Inventor
Email: jacobmcpherson@utexas.edu
Website: mcphersonlab.github.io

For legal matters, Dr. McPherson is represented by qualified legal counsel. Inquiries of a legal nature will be directed to appropriate counsel.

13. Additional Resources

Intellectual Property Organizations

Technology Transfer and Commercialization

Version Information

Last Updated: January 2026
Version: 2.0 (Independent Ownership Edition)
Next Review Date: January 2027

For questions or clarifications regarding this documentation, please contact Dr. Jacob K. McPherson directly.

Back to Technology
Publications