High-quality patents for emerging science and technology through external actors: Community scientific experts and knowledge societies

Evisa Kica, Nico Groenendijk, V.F. Rodriguez

Research output: Chapter in Book/Report/Conference proceedingConference contributionAcademicpeer-review

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Abstract

This article explores one type of administrative mechanism to achieve high-quality patents: Article 115 of the European Patent Convention, which permits the inclusion of third parties to provide input to the prior art search and to communicate relevant information to the examiner in charge. Our empirical research analyzes the field of human genetic inventions. The empirical findings here show that third parties usually participate only after patents have been granted. Between 1999 and 2009, only a limited number of human gene patent cases made use of third-party, pre-grant interventions. There is thus an imbalance between third-party participation in the pre- and post-grant phase of patent prosecution, and we urge for greater participation of knowledge communities in the search and examination process. Europe should create a funnel for participation through advisory bodies and learned societies, which would allow judicious consideration of the search and examination, with a resultant improvement in patent quality.
Original languageEnglish
Title of host publicationTentative Governance in Emerging Science and Technology; Actor Constellations, Institutional Arrangements and Strategies
EditorsA. Bonaccorsi, S. Borras
Place of PublicationEnschede
PublisherUniversity of Twente, Institute of Innovation and Governance Studies
Pages60-61
Number of pages25
ISBN (Print)onbekend
Publication statusPublished - 28 Oct 2010

Publication series

Name
PublisherUniversity of Twente, Institute of Innovation and Governance Studies

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knowledge society
scientific community
patent
expert
science
grant
participation
examination
examiner
prosecution
invention
empirical research
inclusion
art
society
community

Keywords

  • IR-80766
  • METIS-269730

Cite this

Kica, E., Groenendijk, N., & Rodriguez, V. F. (2010). High-quality patents for emerging science and technology through external actors: Community scientific experts and knowledge societies. In A. Bonaccorsi, & S. Borras (Eds.), Tentative Governance in Emerging Science and Technology; Actor Constellations, Institutional Arrangements and Strategies (pp. 60-61). Enschede: University of Twente, Institute of Innovation and Governance Studies.
Kica, Evisa ; Groenendijk, Nico ; Rodriguez, V.F. / High-quality patents for emerging science and technology through external actors: Community scientific experts and knowledge societies. Tentative Governance in Emerging Science and Technology; Actor Constellations, Institutional Arrangements and Strategies. editor / A. Bonaccorsi ; S. Borras. Enschede : University of Twente, Institute of Innovation and Governance Studies, 2010. pp. 60-61
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abstract = "This article explores one type of administrative mechanism to achieve high-quality patents: Article 115 of the European Patent Convention, which permits the inclusion of third parties to provide input to the prior art search and to communicate relevant information to the examiner in charge. Our empirical research analyzes the field of human genetic inventions. The empirical findings here show that third parties usually participate only after patents have been granted. Between 1999 and 2009, only a limited number of human gene patent cases made use of third-party, pre-grant interventions. There is thus an imbalance between third-party participation in the pre- and post-grant phase of patent prosecution, and we urge for greater participation of knowledge communities in the search and examination process. Europe should create a funnel for participation through advisory bodies and learned societies, which would allow judicious consideration of the search and examination, with a resultant improvement in patent quality.",
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Kica, E, Groenendijk, N & Rodriguez, VF 2010, High-quality patents for emerging science and technology through external actors: Community scientific experts and knowledge societies. in A Bonaccorsi & S Borras (eds), Tentative Governance in Emerging Science and Technology; Actor Constellations, Institutional Arrangements and Strategies. University of Twente, Institute of Innovation and Governance Studies, Enschede, pp. 60-61.

High-quality patents for emerging science and technology through external actors: Community scientific experts and knowledge societies. / Kica, Evisa; Groenendijk, Nico; Rodriguez, V.F.

Tentative Governance in Emerging Science and Technology; Actor Constellations, Institutional Arrangements and Strategies. ed. / A. Bonaccorsi; S. Borras. Enschede : University of Twente, Institute of Innovation and Governance Studies, 2010. p. 60-61.

Research output: Chapter in Book/Report/Conference proceedingConference contributionAcademicpeer-review

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AB - This article explores one type of administrative mechanism to achieve high-quality patents: Article 115 of the European Patent Convention, which permits the inclusion of third parties to provide input to the prior art search and to communicate relevant information to the examiner in charge. Our empirical research analyzes the field of human genetic inventions. The empirical findings here show that third parties usually participate only after patents have been granted. Between 1999 and 2009, only a limited number of human gene patent cases made use of third-party, pre-grant interventions. There is thus an imbalance between third-party participation in the pre- and post-grant phase of patent prosecution, and we urge for greater participation of knowledge communities in the search and examination process. Europe should create a funnel for participation through advisory bodies and learned societies, which would allow judicious consideration of the search and examination, with a resultant improvement in patent quality.

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Kica E, Groenendijk N, Rodriguez VF. High-quality patents for emerging science and technology through external actors: Community scientific experts and knowledge societies. In Bonaccorsi A, Borras S, editors, Tentative Governance in Emerging Science and Technology; Actor Constellations, Institutional Arrangements and Strategies. Enschede: University of Twente, Institute of Innovation and Governance Studies. 2010. p. 60-61