Abstract
The Information Systems around patents are complex, their study coupled with a creative vision of “out of the box”, overcomes the strict basic functions of the patent. We have, on several occasions, guiding research around the patent solely-based on information, since the writing of new patents; invalidation of existing patents, the creation of value-added information and their links to other Information Systems. The traditional R&D based on heavy investments is one type of technology transfer. But, patent information is also, another powerful tool of technology transfer, innovation and creativity. Indeed, conduct research on the patent, from an academic viewpoint, although not always focusing only on financial revenue, can be considered as a form of “Non Practicing Entities” (NPE) activity, called rightly or wrongly “Patent Trolls”. We'll see why the term “patent troll” for this activity is controversial and inappropriate. The research we will describe in this paper falls within this context. We show two case studies of efficient use of patent information in Emerging countries, the first concern the pharmaceutical industry in Brazil and the second, the oil industry in Algeria.
Highlights
“Whoever finds what he seeks, he has done generally a good job as a schoolboy, focusing on what he wants, he often neglects the signs, sometimes small, that bring something over than the object of his forecasts
The Information Systems around the patents are complex, their study is coupled with a creative vision of “out of the box” (Swinner & Briet, 2004), overcomes the strict basic functions of the patent
Thinking that way is looking at the patent with other eyes (Quoniam, 2013). Those who act in this manner are called rightly or wrongly, “Patent Trolls” or, in less pejorative term “Non Practicing Entities (NPE)”
Summary
“Whoever finds what he seeks, he has done generally a good job as a schoolboy, focusing on what he wants, he often neglects the signs, sometimes small, that bring something over than the object of his forecasts. - Invention claimed in the patent is not novel; - Subject of the claim of the patent is not an invention; - Patent was wrongfully obtained by a person other than the person entitled; - Insufficient disclosure of the invention; - Obviousness; - The claims included in the patent are not fully substantiated by the description provided; - Failure to disclose information relating to foreign applications; - Principle of “First to file – First to invent”; - Patent holder did not exercise diligence in pursuing the patent application process (Patent grace period) To respond to this problematic: “how to find substances that interact with all the symptoms of a disease without anyone had made the relationship between these substances and disease?” Jean Dominique Pierret (Pierret, 2006; Pierret & al., 2010) conducted research on “methodology and structure of a knowledge discovery tool based on the biomedical literature”. It was important to manufacture this drug in a generic form, at significantly lower costs (50%), so more patients treated by the free health system and more released resources
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