Improved Patent Information Disclosure and Access for Incremental Innovation
Chapter 6: Transferring technologies utilising patent information
The hypothesis of this book posits the exploitation of technologies disclosed in patent documents as a means of achieving development based on cumulative research and incremental innovation. In so far as clear and complete disclosure of the invention implies a right to patent information – which is the basis for exploiting such information – this chapter argues that improving the development function of patent information could be attained through enhancing patent information users’ capacity to utilise such information. It focuses on exploitation of patent documents in the public domain, as a source of transfer of technologies. Discussing the non-infringing use of technologies as a result of the natural expiry, invalidation or cancellation of the patent requires setting out the framework for what can be considered as technologies in the public domain. This could be achieved by means of a ‘freedom-to-operate report’. In so doing, the public domain would be considered as a source of technology transfer, which is defined as follows: a series of processes enabling and facilitating flows of skills, knowledge, ideas, know-how, and technology among different stakeholders such as university and research institutions, international organisations, [international governmental organisations, non-governmental organisations] … private sector entities and individuals, as well as international technology transfer among countries.
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