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Knowledge Transfer in health - General Introduction

Contributing to the public benefit through the creation and dissemination of knowledge is the main mission of universities and public research institutes.

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Documenting and managing the rights on and ownership of patents

Academic research typically occurs in an open environment and frequently involves formal or informal collaboration with other organizations.

Managing Patent Information

The filing and prosecution of a patent application generates a multitude of documents, which need to be safely stored, while remaining readily accessible to all involved (TTO staff, inventors).

Managing patent prosecution and costs

Applying for a patent is a lengthy and complex procedure, particularly when patent protection is desired in multiple patent jurisdictions.

Patent drafting

Most academic researchers are skilled in presenting their research results in the form of an article in a scientific journal. Unfortunately, the format of a scientific article, without further amendment, does not provide a good basis for valuable patent protection.

Deciding whether or not to file a patent

The preparation, filing, prosecution and maintenance of a patent are time consuming and expensive. 

Collecting the information on a disclosed invention

When an invention is first disclosed to the TTO, information needed for assessing the invention and possibly filing a patent is often dispersed, for example, over several people who belong to different research groups or even different organizations if an invention results from an external collaboration.

Avoiding premature disclosures

In Europe, all public disclosures, including those by the inventors, up to the day before the filing date of a patent application can be used against the novelty and/or inventive step of the invention.

Patents

A patent grants an inventor or its assignee the right to exclude third parties to use, sell, make or import a given invention within the jurisdiction of the patent.

Different types of IP

Therefore, the transfer of these results generally relates to the transfer of the IP rights covering such results. Crucially, the nature of the results and the actions undertaken to formalize the IP rights  will determine the nature and scope of the rights. Typically, any given research result can be covered by more than one type of IP right, each requiring its own dedicated management.

The following types of formal and informal IP as well as their management and use within the Knowledge Transfer process are discussed: Patents, Confidential Information, Biological Materials, Copyright, Database Protection, Models, Trademarks, Regulatory Data, others (Geographical Indications and Plant variety protection).

This project has received funding from the European Union’s Seventh Programme for 
research, technological development and demonstration under grant agreement No 305128
 
  ENTENTE is supported by the European Commission and coordinated by Inserm-Transfert SA