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Social Innovation Through Improved Patents

Author: Alexander Cherkasky
Published Date: 19 September 2011

In addition to my proposed inventions and as inventor and biologist, I propose solutions for improving economy and against economic crisis.My proposals include especially the so-called living or condition-responsive/condition-dependent patent system and invention implementation system.

My biological inventing has lead to economic inventions and I have written a book “Role of Biology Inventions and Proposals For Their
Improved    Implementation   and Commercialization” (edited in March
2009, 64 pages, ISBN 978-3-941464-24-7).

In this book, I discuss the role of inventions in life sciences on selected examples and propose solutions for dynamic and large scale implementation of inventions in order to improve life of people and rescue from economic crisis.

Recent implementation process i.e. the way from concrete idea to proof-of-principle or to proof of product based on concrete idea and further commercialization begins mostly either in academic organizations such as institutes or universities or in big established companies and will be carried out in laboratories of these organizations.

Because of current unimproved patent law and patent system, no existence of governmental invention implementation system, and because of very limited capacities, and dependence of invention implementation from status or position of inventors, only few inventions are implemented or commercialized from numerous inventions, and thus many people remain without cures and diagnostic systems and many jobs remain uncreated.

Therefore my thesis is the following: as soon as patent laws and patent system will be improved and the governmental invention implementation system will be established, more inventions will be realized independently from status of inventors, and it will lead to unfolding of creative potentials of more people, not only of inventors, but also of experimental researchers, producers and managers, and more jobs will be created, more investment options will be opened, pioneering spirit will be strengthened, economy will be rescued from crisis and economy will be boosted, enhanced, promoted and will boom continuously. I propose the new economic model based upon the Condition-Dependent Switching Patent System and Invention Implementation System.

I propose the new economic model based upon the renewal of patent law and patent system as well as the creation and establishing of the invention implementation system in order to motivate inventors and more efficiently implement inventions of new therapies and

1. Condition-Dependent  or Condition-Responsive Patents (CoDe Patents
or CoRe Patents)

The patent protection will be switched in dependence of or in response to defined conditions (Condition-Responsive Protection Switching).
Preferably three levels of protection (Condition Dependent or Condition-Responsive Protection Levels) may be distinguished:

1.1. If an invention does not bring profits to inventor or company (no profit condition) and nobody tried to obtain license, the invention should remain protected both free-of-charge and unlimited in time.

1.2. If invention will be entered to market and begins to bring
profits, than patent costs may arise and time of protection may be limited to 20 years from entry to market. Thus, my Cherkasky Theory of Living or Switching Patent System is conform with Anti-Trust Law.

1.3. As soon as an invention pays off initial investments and continues to bring profits to inventor or company, government can be directly shared in these profits in addition to taxes from these profits as compensation for free of charge protection in level 1.1.
Switch from 1.1 to 1.2 may be reversible in certain exceptions, but switch from 1.2 to 1.3 is irreversible. The according legislative act can be named Condition-Responsive Patent Act. Thus, the patent system will be made living. The Switching Patent System or Condition-Dependent Switching Patent System issuing Condition-Dependent Patents can be established on the basis of existing patent system. It can be governmentally funded and refunded by incomes from increasing number of successful implementations and commercializations of more new inventions. The according act for establishing such system or for improvement of current patent system can be named Switching Patent System Act or Switching Patent Act.

2. Free of Charge Protection of Inventions

Each inventor should have legal possibility to protect his invention or inventions free of charge but for share of government.

3. Expansion of Patent Office Network

For dynamic consideration of increasingly number of filed patent applications, the Patent Office Network can be expanded and contain regional and local offices.

4. Publication after Filing

Patent applications should be published directly after filing and than searched and examined. After-filing-publications will increase transparency and allow secure searches and reduction of investments risks.

5. Invention Implementation Office or Invention Implementation System

Billions are invested in seeking new solutions for healing diseases such as cancer. The according Invention Implementation Act can build the basis for establishing the Invention Implementation System and allow to solve problems dynamically and to maximize innovation, because inventions as problem solutions must be evaluated and implemented independently from status of inventor and high values of inventions may not be reduced or destroyed. I propose to establish Laboratories for Realization or Implementation of Inventions especially of Biotechnological and Biomedical Inventions (Invention Implementation Office) in order to openly constructively evaluate and implement inventions independently from status of inventor. Inventions can be selected in current idea competition. Experimental scientists working for implementation must be rewarded additionally for successful realizations or implementations. Thus, more inventions will be implemented, more problems will be dynamically solved and after successful proofs, investment risks will be reduced, managers can be found easier, more new companies can be established with share of government, investors and inventors. Thus, more people will get more new causal therapies. The Invention Implementation System can be funded governmentally as well as public and refunded by incomes from shares from continuously commercialized inventions, whereby these commercializations can be both new companies and licensing agreements between companies and inventors, who have implementation & share contracts with government, i.e. government has shares from income of inventors.

6. Office for Promotion of Inventors and Inventions

I propose to establish the Office for Promotion of Inventors and Inventions or both Patent Promotion Office and Office for Promotion of Inventors in order to evaluate constructively and scale inventions according to their potential, find producers and managers for joint ventures with inventors and find companies interested in obtaining licences as well as organize significantly rewarded competitions in order to find and promote solutions of problems.

7. Patent Exchange and New Patent Market

Strong patent protection for high values will open new possibilities not only for inventors, but also for investors and for new managers, wishing to make new companies and seeking for suitable ideas.

Parties involved will profit from these suggestions:

People will get new therapies. Government will obtain new sources of income and banks and investors will get more options to give credit, more investment options and reduction of risk. Inventors and companies will be more motivated to create in  secure legal medium. More new cures will be created and entered to market as well as more new careers will be possible. More problems of people will be solved, solved dynamically, in order to improve life.

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