L’ouverture des brevets de la recherche, un tabou pour l’Open Science ? – – S.I.Lex –

From Google’s English: “But something always strikes me in these Open Science models: they leave aside an essential dimension of the research process (at least in some disciplines), namely the question of the management of rights over inventions and deposition of patents. It is as if Open Science always stops at the gates of industrial property and the question of the openness and free re-use of inventions remains a kind of taboo….”

A trust approach for sharing research reagents | Science Translational Medicine

Abstract:  The core feature of trusts—holding property for the benefit of others—is well suited to constructing a research community that treats reagents as public goods.

[From the body of the article:] “Under an open science trust, reagents are treated as a public-good resource governed by principles that promote the public interest, in this case, open science. Our open science trust agreement codifies these public-good principles. Under its terms, a recipient of research reagents becomes a “trustee” of the reagents. Trustees are bound by principles that specifically prohibit filing any patent claims that would restrict use of the reagents by others. The result is to create and expand an open science community connected by a common commitment to the foundational aims of the reagent generators.

 

A trust is a legal relationship whereby one party—called the trustee—is given control over property but must use it for the benefit of others—called the beneficiaries. In this regard, a trust contrasts with direct legal ownership over property, which allows owners to use the property for their own ends and to prevent others from using or benefiting from it. That is how we normally think about tangible goods such as real estate and intangible ones such as patented biomedical inventions.

 

A trust places a duty on those who possess entrusted assets to manage those assets for the benefit of particular third parties or, in the case of charitable trusts, in furtherance of particular objects that benefit the public. Trusts are created by appointing trustees under a legal document that enumerates specific obligations in dealing with trust property. Private trusts—those with individual beneficiaries—are often used for tax and estate planning purposes. Charitable trusts, by contrast, are dedicated to serving the public, as opposed to particular individuals, and must have definite charitable objects that guide the trustee’s use of trust property. In effect, the “public” constitutes the beneficiary of a charitable trust. Charitable trusts are often administered by a group of trustees whose joint efforts to further the aims of the trust can foster a communal sense of purpose….”

How expiring patents are ushering in the next generation of 3D printing | TechCrunch

“The year 2016 is quickly shaping up to be one of the hottest years on record for 3D printing innovations. Although there is still a lot of hype surrounding 3D printing and how it may or may not be the next industrial revolution, one thing is for certain: the cost of printing will continue to drop while the quality of 3D prints continues to rise.

This development can be traced to advanced 3D printing technologies becoming accessible due to the expiration of key patents on pre-existing industrial printing processes….”

More 3D Printing Patents Are Expiring Soon: Here’s a Roundup – 3D Printing Industry

“A few years ago, the expiration of many key 3D printing patents had the 3D printing community abuzz.  The 3D printing patents that expired in the 2013-15 timeframe are described here.  At that time, many articles challenged the conventional wisdom that intellectual property drives innovation by creating competition, since the existence of IP forces workarounds.  Those articles argue that patents prevented innovation in 3D printing because the fear of being sued led to a lack of investment in 3D printing R&D, and that patent litigation hindered the adoption of the technology.  The end result, some believe, is that IP creates barriers to entry for new market players, minimizes competition, and keeps prices artificially high.

 

The expiration of several key 3D printing patents in 2013, 2014, and 2015 was supposed to change the industry.  So what happened?  Did the expiration of those patents lead to market growth, reduction in prices, and new products?  Or were other forces, such as the technology itself, holding back new 3D printing technologies?  Are there other 3D printing patents that will expire soon that could have similar effects?  Although it is still too early to give definitive answers to these questions, this article describes developments in the 3D printing industry since the expiration of some of the so-called key patents and discusses 3D printing patents that have or will expire soon….”

Free Inactive Patent Search — 100% Free Inactive Patent Information

“To find patents that have merely expired you can simply set your search terms to look for patents that are 20 years old or older. However, finding a list of inactive patents is far more challenging. This website overcomes that challenge as it allows you to search through all inactive patents in the U.S. that are less than 20 years old. We created this database to help drive open source hardware (OSH) development. Our previous work has found that patents should be significantly weakened as they are actively retarding innovation and technical progress. By properly valuing open hardware development it is clear that the return on investment for OSH development is enormous. In addition, proactive measures to defend the public domain can also provide more safe space for innovators to operate. Our hope is that this database accelerates your open hardware development.

For more information please see the article published in Inventions (2016): Open Source Database and Website to Provide Free and Open Access to Inactive U.S. Patents in the Public Domain. doi: 10.3390/inventions1040024 …”

The case for open?access chemical biology | EMBO Reports

Although the creation of new chemical entities has always been considered the realm of patents, I think that it is time for change. Novel chemical tools, most of which will not have drug?like properties, are too valuable to be restricted; they will be of far greater benefit to research if freely available without restrictions on their use. Chemical biologists would benefit from the many advantages that the open consortium model brings: rapid access to research tools; less bureaucratic workload to enter legal agreements; the ability to work with the best people through collaborations focused on the publication of results; and freedom to operate for companies, harnessing the synergies between academic freedom and industrial approaches to systematically tackle a scientific challenge. My call for open?access chemistry public–private partnerships might sound impractical, but pilot projects are already underway….The SGC is a one example of an open public–private partnership. It was created as a legal charity in 2004 to determine the three?dimensional high?resolution structures of medically important proteins. As an open consortium, the resulting structures are placed in the public domain without restriction on their use. The SGC was conceived nearly ten years ago, based on the conviction that high?quality structural information is of tremendous value in promoting drug discovery and a belief that patenting protein structures could limit the freedom to operate for academic and industrial organizations….Although it is clear that open?access chemistry is in the best interests of society, the challenge is the cost. My arguments can be defended on the macroeconomic level, but costs for assay development and for chemical screening and synthesis are incurred locally, by the institutions and from the public purse. Free release of chemical probes by academia would ultimately benefit the pharmaceutical industry and society, but the possibilities for royalty and license payments for universities would decrease. One solution is to explore models in which both the public and private sectors contribute up?front in return for unrestricted access to the results and compounds, as in the SGC. It should also be noted that an open?access model is not in conflict with the aim to commercialize, at least not in the long term. It could be argued that experience built around specific biological systems would allow commercial development at a later stage if findings by the community indicate that a particular protein or pathway is a valid target. A chemical biology centre with such experience would be in an ideal position to develop new chemistry and launch a proprietary programme….

Open access chemical and clinical probes to support drug discovery : Article : Nature Chemical Biology

“Drug discovery resources in academia and industry are not used efficiently, to the detriment of industry and society. Duplication could be reduced, and productivity could be increased, by performing basic biology and clinical proofs of concept within open access industry-academia partnerships. Chemical biologists could play a central role in this effort….In summary, the development of new medicines is being hindered by the way in which academia and industry advance innovative targets. By generating freely available chemical and clinical probes and performing open-access science, the overall system will produce a wider range of clinically validated targets for the same total resource. This is arguably the most effective way to spur the development of treatments for unmet needs.”

Open-source science to enable drug discovery

“The drug discovery process is losing productivity to the detriment of the global economy and human health. The greatest productivity gains in the sector can be achieved by solving the fundamental scientific problems limiting the progression of compounds through clinical trials. These problems must be addressed through a combination of ‘blue sky’ and targeted research on priority issues, perhaps defined within a ‘grand challenges’ framework. For many reasons, targeted research should be performed in PPPs [public–private partnerships] that release information into the public domain immediately, with no restriction on use.”