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Prizes over Patents

Friday, January 30th, 2009

In a previous post Eyes on the Prize I said that I would elaborate on some of the reasons why innovation prizes are better than patents for African universities.

the winner gets the money faster

Prizes are given whenever a problem is solved problem or an innovation meets the criteria. At worst a successful research institution will have to wait a few months until a prize giving ceremony is held.

Compare that to one of the success stories of university patenting their research, a drug called Emtriva. Fifteen years after the patent application was filed, and after ten years, and bankrolling millions of dollars of patent litigation, Emory received the coveted payoff. That is not a worst case scenario, complex technologies take years to develop, more years to achieve market success, if they achieve it, and more years to achieve profitability, if they ever do. Ten to fifteen years to break even is regarded as normal in most industries.

But win an innovation prize and you get paid right away.

the award is worth far more than money, it also confers prestige which is very important to institutions to attract talent

Prizes are awarded for demonstrated solutions to problems.

These are either solutions which by their nature are not contestable, such as the highest prime number, or judged by experts according to pre-defined criteria. In other words they are a far more powerful demonstration of scientific excellence than the award of a patent. The South African patent system does not examine patent applications, its easier to get a patent than to publish a peer reviewed article, a patent merely indicates that you’ve paid a lawyer.
Prizes receive a great deal of publicity so that recipients and even serious competitors are profiled as leaders in research and innovation. Its the kind of publicity that money can’t buy, attracting talented students and staff.

knowing whether you have won or not in a specific time frame helps decisions to terminate research that is not going anywhere

Many prizes set a time frame. We all know that deadlines can be a powerful motivation. So can knowing that others are working on the same problem. Even when prizes don’t set a time frame if someone else gets there first that’s a clear endpoint. But even if no-one has won yet, the clear criteria of prizes make decisions about continuing investing into a particular line of research far easier than the elusive criterion that maybe one can make something that can maybe make some money.

its not necessary to go through the long, costly and uncertain process of taking a product to market

Universities in search of the legendary pot of revenue at the end of the patent rainbow eventually learn that once researchers achieve a breakthrough there is an inevitably lengthy process of filing and obtaining a patent, then, whether the university chooses to licence the patent to others for the next steps or go it alone, there is further development of a marketable product, manufacturing processes, launching the product, distribution deals, and then, if the product is a commercial success, the process may pay for itself, or, exceptionally, may yield a product. Its a process that requires a great deal of specialist management capacity, almost inevitably results in having to manage relationships with profit hungry corporations, and distracts from the mission of universities.

Win a prize and the job is done. All a research institution needs is to focus on its core competence; research.

Winning prizes doesn’t just happen though, it requires a deliberate focus, attention to incentives for talented researchers, and institutional commitment to pursuing the prize.

Privatising Public Knowledge

Thursday, January 15th, 2009

The Intellectual Property from Publicly Financed Research Bill was signed into law yesterday.

In an article ITWeb concludes that locking down research is not good for innovation.

I have blogged on this legislation before, in a post on 13 June 2008 I raised a number of concerns about the negative impact that this would have on South African research. All of these issues are unresolved.

They are:

1. The mistaken notion that the best way to get research re-used for the benefit of the economy is to lock it down, and award a monopoly to one person, rather than opening it to everyone.

2. Advanced scientific research takes place through global consortia of universities with double digit memberships of universities from all over the world. In order to function these consortia, not surprisingly require that knowledge be shared. But the Act requires that knowledge may not be disclosed before two layers of bureaucrats, one at university level and another at national level, have decided that it can be. The consortia aren’t going to change their rules for South African universities, so South African universities simply won’t be allowed to participate.

3. Donor organisations want to change the world, not make someone a profit. They also want the research which they fund to have maximum impact, which means that want it shared as widely as possible. However the Act makes no provision for research which is co-funded by donor organisations. The consequence is that research funding from organisations like the Gates Foundation, which often prefer research results to be open, will to to countries other than South Africa.

4. The Act could result in software beign subject to all rights reserved licences, and not released under open sources licences, contrary to government’s open source policy.

5. If something can be the subject to intellectual property protection anywhere in the world then such protection must be obtained. This could be reas as requiring Universities and Research Councils to obtain software patents which are available in a few other jurisdictions, such as Australia, even though South African patent law does not permit software patents, and the former Minister of Public Administration has condemned opportunistic software patents as abusive. In addition given the variety and range of intellectual property schemes over the globe the Bill imposes a legal duty which no-one can comply with, which is to have a comprehensive knowledge of all the intellectual property laws on the planet.

6. The Act makes universities have commercial interests in the granting of patents. This means that universities cannot supply experts who could evaluate research when South Africa moves to an examination system for patents.

I’ll add one:

7. The belief that simply patenting something will result in it a marketable product or a revenue stream is particularly misplaced in South Africa where patents aren’t examined. Even in countries with examination systems its widely known that getting a patent and getting a product to market are completely different things. This isn’t news, in 1979 Peter Drucker pointed out that innovation is not making a new widget (still less discovering something which might lead to the making of a new widgt) but changing people’s behaviour, such as when people discover a need they never had for an affordable, available widget.