South Africa Considers Potentially Requiring Patents On Publicly Funded Research
from the say-what-now? dept
I missed this story from a few weeks ago, but one of our readers, going by the name of bikey, alerts us to a proposal in South Africa, that would potentially require patents on certain publicly funded research. While this seems totally backwards for any number of reasons (and many of us believe that publicly funded research should be available to the public since they paid for it), apparently some are concerned that "foreign multinationals" might "misappropriate" the research. So, even if a university and the researcher choose not to protect the research results with IP, if a government body determines that the results could have commercial viability, it would have the ability to control the rights. Amusingly, those supporting this proposal claim it will help "facilitate tech transfer." Actually, it does the opposite, because it puts limits and a tollbooth in the way -- but why let that get in the way.The article notes (phew) that there's significant opposition to the proposal -- especially from researchers who are greatly troubled by the fact that researchers may have no say in whether or not their research is "protected," and how it may do serious harm to "open" research initiatives and idea sharing -- which, by the way, have been shown to increase the pace of innovation. The article also does a good job highlighting how the focus on patenting university research in the US has done more harm than good, by decreasing openness, slowing down the pace of innovation and causing universities to spend tons of money on "tech transfer offices" that get too focused on trying to lock up every idea a professor has. All in all, this proposal sounds dreadful. Who would support it? Well, at the end of the article, they indicate Microsoft is a big fan. Anyway, since the article is from a few weeks ago, it would be great to know if there's been any update on this. Anyone have any info on whether this proposal is going anywhere?
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Filed Under: patents, research, south africa
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By developing and protecting new ideas and patentable concepts, they have the potential to grow dramatically. They don't grow as long as they are just widget makers.
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Alternaitves
2. The courts of the State (at issue) don't recognize the validity of the patent when issued by a foreign state. Also the State's patent office must reject any such patent application.
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Re:
"So, even if a university and the researcher choose not to protect the research results with IP, if a government body determines that the results could have commercial viability, it would have the ability to control the rights."
Do you really not see the problem with FORCING copyright onto researches and educational institutions? There is a very simple term for this: Intellectual Nationalization.
This is the government basically saying that if it wants your research, it will take your research. I'd like to get an idea of what the process for applying for government funding for research is in South Africa. Related, I'd also like to know if the government puts roadblocks in the way of PRIVATE research. If they did, this could simply be a way to gobble up and nationalize all research.
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Re:
No need to assign malice/shilldom to some bored troll with too much time on their hands. There are such people in the world, apparently, as sad as that seems.
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Re: Re:
Well, what about this case where MSFT is in favor, and Mike is not. I expect Angry Dude to pop in and explain that it's some kind of subterfuge.
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I think it is quite interesting that "Not For Profit" Universities and their associated researchers feel they are entitled to patents.
If "Universities" paid for taxes, such as property taxes for fire, police, etc, Income tax, etc then maybe. But when the government puts a gun to my head, says "give us your money" so we can give it some some dumb fuck professor that wants tenure instead of "real job" on the off chance he or the university might get rich off some research that I funded is BS.
Stanford, Havard, MIT, and their professors want it both ways. They have no risk, but all the rewards. Private companies have all the risks and limited rewards (based on patent life time.. 10% of a copyright.)
I have no problem that if a government funds something it belongs to the people that "funded it". I have a real problem with leeching "Non-profit", "governement funding" institutions owning anything THEY didn't invest in.
When will people understand that "Government Agencies" that give out extortion money are:
1. Wasting 80% of the money they give out because no rational institutional would do it. (Including Universities that have HUGE investment funds.. Billions)
2. If the individuals that worked in the government had insight, they would be working in private enterprise that would pay them 10 times their governement salary if they knew WTF they were doing.
If Uni. Researcher want to do research, God Bless them, but that should NOT be a free ticket for them getting a tax free, limited edition Lotto ticket. Want fame, go work tax free, tenured, no obligation to produce, Want fortune, then invest your own f**** money or work in the real world. But God Damn-it, Stop putting a gun to my head, taking my money (most likey wasting it) so you MIGHT have a .000000001% chance at both ,instead of me enjoying what I of what I earned. If I should invest in it, then I should get some sort of ROI. .. and don't give me some BS about the "World being a better place".. Sanford, MIT and Havard don't give a care.. it is all about their campus.
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This already exists in the US
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Patent doesn't mean it's not
I don't think it's a bad thing for work done by public money to be protected by a patent. I work for a government and have seen lots of cases where a government idea gets put in a tech data package, supplied to a contractor, and then the contractor makes a small change and files for a patent.
Despite prior art, this usually guarentees the contractor a soul source
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i sincerely doubt that. previously most of their developments likely languished with no one to promote them. now the universities have a reason to not just research, but actually put their best technologies into use. without that motivation rarely does anyone risk the time or money to develop through to production.
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patent funding
I have technology to challenge Eskom on power generation, but to get funding to patent is difficult. I wrote Eskom a letter requesting them for help.I hope they respond. I wrote to the NERSA and they did not even reply. What is wrong with South Africa. How serious are we in trying to get new technology to get rid of our inferior technology by polluting our country with fossil fuel emmissions.
It is difficult to be for us to think that we can improve whilst we run the rat race based on the pre programming of the status quo.
Discouraged Inventor
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investor for patent development needed
I have trien for many years throuh our SA system and have met with more frauds and dead-ends than I can recall.
Currently in the process of development where I need $10000.00 to present a prototype to an interested corporate.
I have 90% roylties on my patent and willing to discuss shares of such as bargaining.
If you can not help, thank you for reading thus far and keep up the interest
Regards
Willem
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