IPOA Presentation

1
World Intellectual Property Organization
Practical Aspects of IP Knowledge Management in
the Transfer of Technologies That are Publicly
Owned or in the Public Domain Ning XU Patent
Classification Officer Patent Information,
Classification and IP Standards Division World
Intellectual Property Organization (WIPO)
2
Outline of Presentation

• Technology transfer under the UNFCCC
• Importance of IP information system in the
  transfer of technologies that are publicly owned
  or in the public domain
• Where and how can IP information be obtained ?
• Make full use of IP mechanisms in the transfer of
  technologies that are publicly owned
• Ongoing activities in WIPO in this respect
• Future perspective

3
Technology transfer under the UNFCCC

• Article 4(1)(c) of the UNFCCC and Article 10 (c)
  of the Kyoto Protocol to the Convention
• Access to and transfer of environmental sound
  technologies, know-how, practices and processes
  pertinent to climate change, in particular to
  developing countries
• Formulating policies and programs for the
  effective transfer of such technologies that are
  publicly owned or in the public domain
• Creation of an enabling environment for private
  sectors
• Article 4(1)(g) and (h) of UNFCCC
• Promotion and cooperation in scientific,
  technological, technical, socio-economic and
  other research, systematic observation and
  development of data archives related to climate
  change
• Exchange of relevant scientific, technological,
  technical, socio-economic and legal information
  related to climate change

4
Importance of IP information system in the
transfer of technologies that are publicly owned
or in the public domain

• Patent information
• Technical and legal information contained in
  patent documents
• In the public domain of knowledge in a legal and
  practical sense, when the patents are no more in
  force
• The single most comprehensive collection of
  classified technological data
• Cover practically every field of technology
• Important features of patent system in this
  respect
• Limited-term exclusivity
• Territoriality
• Disclosure and implementation requirement
• Legal status varies from case to case

5
Importance of IP information system in the
transfer of technologies that are publicly owned
or in the public domain (continued)

• Patent information is a useful and practical
  source to
• Identify and evaluate relevant technology for
  technology transfer
• Locate potential research partners or technology
  providers
• Track patterns of development, ownership and
  dissemination of relevant technology
• Ascertain legal status of relevant patents
• Determine the overall state of the art in a given
  field of technology
• Assist in building development of technology upon
  past innovation
• Investigate the territorial feature of any
  specific patented technology
• Develop an IP strategy

6
Where and how can patent information be obtained ?

• WIPO PatentScope (http//www.wipo.int/patentscop
  e)
• Access to WIPOs Patent and Patent Cooperation
  Treaty (PCT) resources in one place
• Access to the technical information contained in
  more than one million international patent
  applications
• More information on emerging issues, patent data,
  patent information and statistics
• Important features of WIPO PatentScope
• PCT resources
• Patent information
• Patent data
• Patent statistics
• Patent information services for developing
  countries

7
PCT Resources

• PCT Background
• Legal Information
• Guides, instructions, forms
• PCT Gazette
• Meetings, Training, Documents

8
Patent Data - Search

• The PatentScope gives access to the complete
  collection of published PCT applications (more
  than one million)
• Search using
• keywords
• boolean operators (AND, OR)
• field codes (applicant name, publication date,
  International Patent Classification (IPC) code,
  etc)
• IPC classification search
• A powerful search tool for published PCT
  applications in a particular technical area

9
Patent Data - Bibliographic Data Documents

• View the latest bibliographic data on record at
  the International Bureau (including changes)
• View full text of description and claims
• Access to the documents contained in the file of
  the International Bureau
• Publications
• Priority Documents
• Declarations (e.g. of inventorship)
• Written Opinions, Examination Reports and related
  documents
• View or download the documents in different
  formats

10
Patent Statistics

• Monthly reports of PCT filing trends
• PCT national phase entry statistics (more data
  will be made available depending on national
  offices)
• Data Query (export data in Excel format based on
  user-defined criteria)
• Patent statistics from 1883 to the present day

11
Patent information

• Patent information tutorials and frequently asked
  questions (coming soon)
• Guidance to explore the rich world of patent
  information
• practical advice for effective search and
  retrieval of relevant published applications from
  the PCT database
• WIPOs patent information services for developing
  countries
• WIPOs free-of -charge patent information
  services for developing countries
• State-of-the-art search reports, search and
  examination of patent applications, access to
  patent documentation, etc.
• International Patent Classification (IPC)
• A hierarchical system to classify and retrieve
  patent documents according technical fields

12
Other powerful patent databases

• EPOs esp_at_cenet (http//ep.espacenet.com)
• Free access to more than 50 million patent
  documents
• Powerful search possibilities
• Other useful Information on legal status, patent
  families, etc.
• USPTO database (http//www.uspto.gov/patft/index.h
  tml)
• JPO database (http//www.ipdl.ncipi.go.jp/homepg_e
  .ipdl)
• UK Patent Office (http//www.patent.gov.uk/patent/
  dbase/index.htm)

13
Make full use of IP mechanisms in the transfer of
technologies that are publicly owned

• Effective use of IP mechanisms in this respect
• Effective accessibility of patent information
• Optimizing the use of publicly owned technology
  for maximum benefit to the public and the
  environment
• Control of the development and dissemination of
  technology
• Help in providing valuable financial resources
  for public research
• Use of IP mechanisms together with other special
  agreements in this respect for environmental
  beneficial purposes
• Balancing IP protection with public access (mix
  of exclusive and non-exclusive licenses)

14
Make full use of IP mechanisms in the transfer of
technologies that are publicly owned

• Effective use of IP mechanisms in this respect
• Government policies relevant to such technologies
  - supports the transfer through IP mechanisms
• National IP offices to be involved in reaching
  out to public research sectors to provide
  training in IP management
• Make better use of exemption for research
  purpose provided in most of national patent laws

15
Ongoing activities in WIPO in this respect

• WIPO are already working with other Rio
  Conventions (CBD, UNCCD) and has produced jointly
  with the CBD the following
• Draft Policy Paper on the Role of IPRs in
  Technology Transfer under the CBD (joint
  collaborative efforts by staff from the CBD
  Secretariat, WIPO and UNCTAD)
• Database of IP clauses in contracts concerning
  access to and benefit-sharing of genetic
  resources
• Is working on a joint search tool with the CBD
  Secretariat to facilitate the use of patent
  information from PatentScope for technology
  transfer under the CBD

16
Future perspective

• Technical studies and analysis revealed the
  possibilities of considerable increases in the
  future of the use of the transfer of technologies
  that are publicly owned or in the public domain
• Further technical studies and analysis in this
  respect would be needed, in particular in
  developing countries
• More patent data, documents, resources and
  information will be made available via
  PatentScope by WIPO
• WIPO is working closely with other organizations
  on IP-related issues, including UNFCCC, if
  requested

17
World Intellectual Property Organization
Thanks ! Ning XU (WIPO) ning.xu_at_wipo.int