Umibe/Ike, He and others also seem to misunderstand the difference between IP for a product and ownership of data.
It is true that NWBO is not the sponsor of the the combination studies. They are being run as Investigator Initiated Trials (IITs). This means ownership of the data belongs to the investigator, not the company. Of course, they can collaborate and cooperate, but technically NWBO has little say in how that data is handled. The sponsor, i.e., LL/TC/UCLA, files the paperwork with the regulators to approve the trial since it is still an experimental product, not the company.
This is pretty standard stuff that happens all the time. Especially, for phase I trials. Usually, contracts spell out that the IP for the product and any improvements made a a result of the work still belongs to the company or possibly shared between the two parties. I don’t see Merck people on those patent applications. I see UCLA and NWBO staff.
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