Getting the word IN; the EPO non-patent literature databases

Since 2005, ICRISAT and the European Patent Office (EPO), with support from CAS-IP have been working on a joint project of providing CGIAR Center publications as prior art, to patent examiners at the EPO.

Diagram adapted from presentation made by Dr Hanumanth Rao, ICRISAT

In this joint project, publications that describe new technologies and plant varieties developed by ICRISAT scientists are submitted by ICRISAT to the EPO under an agreement. The EPO then classifies the subject matter of the articles to feed into the searchable, non-patent literature (NPL) database used by patent examiners. This way the publications serve as ‘prior art’, minimising the likelihood of CGIAR research being patented by 3rd parties.

This project is one part of the CGIAR Centres’ defensive publication scheme. To download a paper on defensive publication written by S. Adams & V. Henson-Apollonio visit
http://www.cas-ip.org/resources/publications/publications-defensive-publishing/

ICRISAT is the first Centre in this joint project; two additional CGIAR Centres, CIAT and CIP will be signing agreements with the EPO soon. For more information on this initiative please contact us.

For more information on patents visit the FAQs section of our website or read the CAS-IP, IP Primer.

Tags: CGIAR publications, defensive publication, EPO, non-patent literature, prior art, protection

Publications - Defensive Publishing

April 24, 2008

Defensive Publishing: A Strategy for Maintaining Intellectual Property as Public Goods – Briefing Paper

Download PDF file (size 84Kb)

Scientific research generates intellectual property – new knowledge and ideas which, initially at least, belong solely to the creative enterprise which did the research. The effective exploitation of this innovation leads to a range of strategies. The process of ‘defensive publication’ is just one of the approaches which can be used. Defensive publication is one mechanism for disclosing an innovation to the public that allows a researcher to retain the freedom to practice their innovation without fear of being threatened by competitive patents. This paper will consider some of the factors, which make for effective defensive publication, and the strengths and weaknesses of some commonly available mechanisms, with which to achieve a defensive publication.

Authors:S. Adams, V. Henson-Apollonio
Briefing Paper No. 53
Year: 2002
ISSN:1021-2310
Pages: 12
Language: English

Tags: Adams, defensive publishing, Henson-Apollonio, innovation, patents, prior art, public goods

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