Getting the word IN. Defensive publishing in the CGIAR

http://www.cas-ip.org/projects/cgiar-centre-publications-as-prior-art/

Intellectual property management within the context of public research organisations is as much about ensuring access and it is about protecting rights.  Back in 2005 CAS-IP initiated a partnership between the European Patent Office (EPO) and ICRISAT, with a view to ensuring the publications produced by ICRISAT would be easily accessible to patent examiners, and thus qualify as “prior art” and therefore minimizing likelihood of becoming patented by 3rd parties.

Getting the word IN

Had this option been available to USPTO then perhaps a situation like the Enola bean case could have been avoided.

This forms part of a wider scheme of ‘defensive publication’ http://www.cas-ip.org/ip-agriculture/ip-primer/defensive-publication/

Hanumanth B. Rao, the IP Manager for ICRISAT said:

“The collaboration was initiated primarily to complement the Board approved policy in making ICRISAT’s IPRs  as prior art… Endorsing the CAS-IP novel approach, the CGIAR Genetic Resource Policy Committee(GRPC) has recommended in its meeting held in Rome on 23-25 April 2007 that Centers should be encouraged to incorporate their publications in databases used by patent examiners.  Accordingly, CIAT, the other CGIAR Center has signed a similar agreement with the EPO in Feb 2009.  ICRISAT would also like to initiate collaborations with Patent and PVP Offices in India based on these experiences.”

For more information about this please visit the lead link http://www.cas-ip.org/projects/cgiar-centre-publications-as-prior-art/

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2 responses to “Getting the word IN. Defensive publishing in the CGIAR

  1. Pingback: The final chapter in the “Enola” case has closed «

  2. Pingback: EPO action on Green Patents « the CAS-IP blog

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