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About
MIHR
PIPRA
Fiocruz, Brazil
bioDevelopments- Institute
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Why This Topic Is Important
This section provides valuable guidance on how, when, and where—and whether—to file for intellectual
property protection for the best chance of success in developing that technology for real world
applications.
Key Implications and Best Practices: Setcion 10
- The use of IP rights is not a panacea for the management of innovation, nor is the public domain. Both public and private goods have utility and limitations. The art of innovation management is in using both public and private goods and to manage the interface between them.
- Because public domain technologies play an important role in publicly funded research, defensive publishing can be used by public sector research institutions to help expand and reinforce the accessibility of technologies in the public domain. Academic institutions in particular should be encouraged to publish, in addition to considering IP protection.
- Because of the case-specific applicability of defensive publishing, blanket policies that require defensive publishing by national research institutions deny them the opportunity to develop their research results strategically in combination with IP rights protection.
- In order to realize the commercial and humanitarian potential of international markets for products and processes arising from public sector research investments, public sector research-based institutions ought to develop strategies that judiciously balance the public domain and IP rights. Commercial and humanitarian objectives and strategies are not in conflict, but rather are complementary aspects of best practices in IP management.
- A country’s membership in the Patent cooperation treaty (PCT) can greatly help national institutions—public and private—to strengthen international technology transfer, licensing and research, and product development partnerships and can aid access to global markets.
- Membership in the PCT can provide significant advantages and can lead to much more cost-effective examination of patent applications.
- Harmonizing national patent systems across regions, as well as globally, can be a useful strategy for improving the effectiveness of the IP system and improving a national institution’s ability to reach foreign markets.
- Providing for legislation, or for amendments to current statutes, that facilitates patent filing by foreign entities can be an important component of technology transfer and development.
 Abstract
Defensive Publishing and the Public Domain
by Sara Boettiger, Cecilia Chi-Ham
Abstract:
IP (intellectual property) rights can reward innovators and encourage investment in developing new products and services. However, the exclusionary power of IP rights can sometimes have negative effects, making technologies less accessible and, thereby, potentially impeding innovation. To make informed decisions about how to balance access and protection requires an understanding of both the traditional IP rights system (patents, copyrights, trademarks, and trade secrets) and alternative mechanisms for preserving access to technologies. This chapter provides a brief introduction to the public domain and defensive publishing and examines issues concerning the choice behind the choice of whether to publicly disclose or to patent an innovation. Discussing the strategic use of defensive publishing in IP management, the chapter considers both the utility of defensive publishing and its limitations for supporting broad innovation. After an examination of the public domain and how it relates to other open-access concepts, such as open source and the commons, the chapter focuses on the practical considerations involved when using public-domain technologies and defensive publishing to manage intellectual property.
Abstract
Patenting Strategies: Building an IP Fortress
by John Dodds
Abstract:
A comprehensive intellectual property (IP) portfolio can be of substantial value to both private and public sector entities. Patents are a key element of IP portfolios and must be managed according to the mission, objectives, and motivations of the organization that owns them. Large companies can afford an offensive patent strategy, but small companies may not have the resources for this. Therefore, it is extremely important for private sector entities, especially small- and middle-sized companies, to design and implement an effective and cost-efficient strategy for patent management. For public sector entities, patent strategies will focus on advancing social welfare, and the mission of the institution will therefore drive objectives. A key factor to consider is the method of IP protection: patent, trademark, copyright, or trade secret. The costs of maintaining each of these IP categories are different. Although research institutes and companies will likely wish to reduce costs as much as possible, key technologies still need to be protected properly. A company can reduce costs by focusing the patent protection on those geographic areas where it has business. A university can reduce costs by selectively prosecuting patent applications with broad claim structures, strategically licensing technologies, and enforcing patent rights if and when necessary. To build a strong basis of protection, several forms of IP may be used for the same invention or improvement.
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