Integrating IPR with the Innovation Process: Effective use of information embodied in patents

 https://www.ugc.ac.in/oldpdf/pub/lectures/ugc_gang.pdf

An area of immense significance is effective utilization of IPR information that is available in the public domain. A major weakness in our educational system is low or no awareness of the strengths of the patent information system. Most researchers and businesses do not have the awareness or competence to use the information that is in patents for their research or business planning activities. Most often it has been noted that researchers have unknowingly repeated work that has already been reported in patents. 

For example a patent is one of the most well structured document in which inventions covering all fields of technologies is first reported and archived in organized databases in a classified manner so that they can be easily be retrieved. It is the largest single source of technical information. It is also well accepted that more than 80% of the technical information covering inventions are reported only disclosed in patents and are not reported elsewhere.

Patent information can be used for strategic protection of ones innovations, blocking competitors & ensuring freedom to use inventions. Further it can be used as a rich source of technical information and prevent duplication of efforts if the problems have already been solved, identify emerging technologies, research areas, business opportunities. It can also be used as an enabler for possible collaborators, plan business mergers, strike strategic alliances etc. 

It may be noted that under certain conditions the information in patents can be used freely by anyone without paying any royalties or compensation to the patent applicant or patent holder. It is well established that less than 10% of the granted patents are commercialized around the world. Similarly several patent applications are not taken to the granting stage after they are published in the gazettes. More than 50% of the patents granted in various patent offices around the world are not kept live till the end of their term for non-payment of the annual renewal fees. Such patents become open to the public for use without any obligation of licenses, royalty etc. R&D workers and businesses should be able to effectively exploit this rich technical information source for their product / process, business development and a strategic business planning tool. As patent rights are territorial, the businesses can find out the countries in which the patents have been granted with respect to a product or process and plan their business to avoid those countries for marketing and exploit markets where the patents on these products/processes are not granted.