Public Research Laboratories Innovation and Transfer

Henri DouATELIS (France Business School)

1 rue Leo Delibes, BP 0535Tours 37205 Cedex 3 – France

douhenri@yahoo.frhttp://www.ciworldwide.org

Franco-Chinese cooperation in Competitive Intelligence June 4th-5th, Paris, 2013

Innovation and political talks

• Innovation is viewed by politicians as the best way to create or maintain competitive advantages.

• In this presentation we will focus on :– The mechanism of Innovation– The neccesary information linking science and technology– The access to Chinese Information from Chinese database

• The dark side of research motivation• What can be done to improve the transfer

from University and research centers laboratories

lias Zerhouni, Director of the National Institutes of Health (NIH). Presented in December 2006 during the congress organised by“the American Society of Hematology”. Citéed in Quel modèle pour la recherche publique française, Les Echos, Wednesday January 10th 2007 2007, Alain Perez

“The success of American scientific research depends on the existing implicit partnership between academic research, the government and industry. The research institutions have the responsibility to develop the scientific capital. The Government finances the best teams by a transparent system of selection. Industry holds the critical role to develop robust products intended for the public. This strategy is the key of American competitiveness and must be maintained. ”

Innovation and scientific partnerships

To innovate, it is necessary to know what can be done with his competencies

Academic scientific work is not understood most of the time by SMEs.All the informations are not in Google, as well as in the classical commercial online databases.In the world, large information sources even not in English must be considered as potential sources of results and ideas.

The potenial offers by China in this dommain is tremendouslyImportant (first patenting country, among first scientific production)

This introduces a rapid overview of Chinese information (Academic works and most important patents).

http://oversea.cnki.net/kns55/default.aspx

Overseas CNKI Portal Access to academic information

Searching in Master Thesis is a good way to see what is going on (titles only in Chinese)

Using Google Translate

【 Abstract 】 Competitive intelligence is widely used in business fields recent years, such as economic and financial enterprises, information science, electronic technology. It’s an intelligence collection method quickly expanding to other areas, and promoting the development of the field, accessing to enormous economic and social benefits. It is a hotspot of intelligence study; Due to the limitations of Western medicine has been found to recognize, Chinese and overseas experts believe that traditional Chine... 【 Keywords in Chinese 】 中医药； 竞争情报； 监测； 采集； 系统； 【 Key words 】 Traditional Chinese Medicine； Competitive intelligence； monitor； collect； system；

Acces to the abstractDircetly provided in Englsh

China larger patent contributor in the world

Acess to Chinese patents and Utility Models

A patent granted in one country protects the invention only in this country

A patent as a life span of 20 years

A patent can be extended to other countries via different routes (during one year after the first deposit to do it), national (may take several tears eg.US), regional (such as EP, OAPI, etc., may take 3 years) International (WO, PCT, may take 3 years or more)

Patents of different numbers may cover the same invention, this is a patent family

The ratio of the number of extended patents (best WO, PCT, EP) towards the number of dometic patents not extended in other countries is a an interesting indicator which can be explained in different ways. (cf triadic patents OCDE)

Basic information about patents

Access to Chinese Patents and Chinese Utility Models

Using the EPO world patent database

Using the SIPO (Site of the Intellectal Property Office of the PRC)

Remains that translation can be done:

• using Google translate (free)• using local translator such as SISTRAN• a pdf image can be transformed to electronic text (even Chinese) an after tanslated using cut and paste system and a translator for instance.

Access to the EPO database (Patent worldwide)http://worldwide.espacenet.com/advancedSearch?locale=en_EP

Patent query (PR priority Chinese, PN all other Chinese patents + PR)

Query « windmill » in titles and abstracts

What is a utility modelA utility model is a small (petty) patent which is granted in less that one year, which cost a lost less (order 100 US $), with almost no examination. The span of the utility model is 10 years in China. The utility model can be transformed in patent at any time.

Objective: to open the way to innovation to almost everydody.To build up a barrier against the extension of foreign patents to China (also true for guenuine patents.

In the world patent databse (EPO) the search for utility models can be done by putting the term « model » in the query of the abstractsResults of the « windmill » query: PR= 1249 PN= 1339 delta= 90 utility models: about 30%

Exemple of an utility model reference (world patent database EPO)

Access to the Chinese patent database http://english.sipo.gov.cn/index.html

Search for a patent with the term « firework » in titles

Query with the term « color » limited to uility model in the former search

Examples of results

From: Dou H., Dou J.-M. Jr, Chinese Patent - A Tentative Explanation of Various Strategies of Patenting , Chinese Business review, January, vol 12, n°1, 2013

General considerations

Strategists may look to Chinese patents in several ways.

Chinese patents extended to other countries indicate some strategic Chinese technological domains. Further analysis (APA) can be done through Matheo-Patent (http://www.matheo-software.com ) ?

Chinese patents not extended can be seen as a domesttc competition output but also as the way to raise protective barriers againts the extension in China of foreign patents.

Utility models even if they are neglected by the westerners can be considered as a source of innovation but also as traps which in some cases may become very dangerous.

Consideration about Utility Models

Utility model – An effective tool in global patent portfolio protection.Patrick Jewick, Intellectual Property today, 2010

Utility models are generally less popular than patents, but they can still be a significant deterrent to copying. Many of he remedies associated with patents are also generally available for utility models, including, but not limited to, injunctionsand damages. Thus, a potential infringer cannot afford to ignore the presence of utility models simply because they are not patents. The effectiveness of utility models was demonstrated in recent litigation in China between Chint, a manufacturer of low voltage devices in China, and Schneider electric.

In that litigation, Chint succeeded in asserting its utility model against Schneider and obtained a verdict of $49 million, a productive result for a utility model application with just a $70 filing fee. Chint’s utility model survived Schneider’s subsequent invalidity challenge, with Schneider settling the lawsuit for $23 million. While the dollar amounts might seem small in comparison to patent litigation in the U.S., the Chint case has been described as one of the largest patent damages verdicts in China to date. When to use a Utility Model there are a number of situations when a company should consider filing for one or more utility models.

Below is a discussion of the circumstances when utility models should be considered. Immediate and comprehensive protection is important. in many countries, the patent process can easily take three to five years(or more) before a patent is issued this is simply too long for many industries, where the first to market determines the viability of a company. Many inventions can be commercialized shortly after conception (or may have a short commercial lifetime). Protection for those inventions must be obtained quickly to deter imitation or duplication while the inventions gain commercial acceptance in the market place.

Transfer from Universities and Research Laboratories

The basic condition to have a transfer is to have something to transfer!

Organizing research to facilitate the tranfer

A wide use of information able to make the link between research and industry, in laboratories but also in the transfer office of the university.

Create incentive for laboratories and research engaged in research industry collaboration

Organizing research to facilitate the transfer

Change at the national level the rules of researchers and laboratories evaluation . (The bibliometric fever, Gingras)

Create at the regional level strategic think tanks to develop a regional research governance according its political objectives

Develop regional contracts with laboratories to achieve the regional development goals

The national political discourses of the heads of the research and educational institutions must be in accord with what really happens when researchers and laboratories are evaluated at the national level.

Action at the national level

Entrepreneurial courses must be developed at the Master and Doctorate levels not only for the students, but also for all professors and researchers.

Create an incentive among the researchers by a larger ROI when they areengaged in the tranfer of their knowledge

Create a special formation (continuing education) to have real transfer specialists (not a diploma, since the need is limted)

knowledge of the mechanism of the tranfser (contracts, protection, security, negociation, …..)

knowledge and analysis of what is done in the institution, the competences, the know how, the facilities, and seek for partnersin research and development (ex Stanford Research Institute, University of Coventry)

Cerate in research and education institutions strategic think tanks to develop a robust governance to facilitate the transfer of knowledge

SMEs and R&DSMEs do not have the potential to develop their own research. One of thebest solutions is not to develop it in a pole of competitiveness, but to organizeda collaboration with a laboratory.There are different ways to finance this research contracts:• Grant CIFRE format ( the State pays part of the cost), devoted to doctorate• Grant from the region , according its stretegies orientations, this may concern• A laboratory itself• A laboratory and one or several (difficult) SMEs

•The SME finances directly the laboratory , for a specific research

•All the money spent by the SME in research may be introduced in the « credit d’impôt recherche », and part of the money will be deduced from the Tax paid by the SME to the State.

•To have a research contract with a laboratory may facilitate the obtention ofother funds such as the OSEO which provides funds for innovation and loansetc…..

Direct aid to innovation to share the risks inherent in research and development of SMEs and thus promote access to private financing. support, expertise and services related updates ... A mission of general interest on behalf of the State and in partnership with the Regions

Example OSEO

Whether your project is to create a market for local or international, traditional or innovative activity, OSEO is with you..

Alongside regions, financial partners and support networks, we work to share the risk of starting the form of loans and guarantees on bank loans and capital transactions of venture capital organizations.

The Chambers of Commerce and Industry will help the SMEs to determine the best possible financial help.The same should be done for the laboratories by the Transfer Unit of the University or Research centres.

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Some brakesSciences vision of liberty and feeling that research as no border – Unions (specially in France)

Pubish or Perish !

80% of most scientific papers did not bring significant results

Expert boards set up by the National Institutions of Research and Education should be transparent

Lack of interest from industry (complexity of research institutions)

No real specialists (decision makers) and experts in regions

I thank you for your attention