In this second article in our ‘How to…’ series, we reflect on what we learned from Mugdha Joshi, IP & Licensing expert at Kings College London, in her training session on Intellectual Property.
What is Intellectual Property?
Intellectual Property (IP) is a term that refers to the ‘creations of the mind’ such as inventions, works of art and symbols, names and images used in commerce.
Types of IP
Patents - Works to prevent another person from being able to use the same invention. They cover how inventions work, how they do it, what they are made of and how they are made. A patent lasts for 20 years and it must be renewed on its fourth anniversary. It then must be renewed every year. After 20 years the patent is given to the public. To qualify for a patent, the invention needs to meet the following criteria:
- The invention needs to be undisclosed and not in the public domain before the date of filing. However, any disclosure under a non-disclosure agreement is fine.
- Your idea needs an inventive step that is not obvious to someone with knowledge of the subject.
- It must be a solution to a problem.
- It must be something that can be made and not just speculative.
Copyrights – Protects work created by their author. It must be the author’s own intellectual creation and not have been copied from somewhere else.
Designs – This refers to the aesthetic aspects of an article. It protects 3D objects, or the designs applied to them.
Trademarks – A distinctive sign that identifies certain goods or properties provided by an individual or a company.
Commercialisation of IP
The commercialisation process involves:
- Market analysis - What does your product solve? Why is it better than your competition? Who wants it and why? What are its limitations? What is the development time? (Click here for more on marketing).
- Due Diligence - In-depth research of your company and invention and will include schedules of patents, copyrights and trademarks
- IP protection - Prior art search and patent attorney. You must ensure there is no evidence of your idea already being known.
- Proof of concept fund
- Marketing - Reaching out to companies and sending non-confidential flyers
- Licensing - What’s down the pipeline? Exclusive or non-exclusive licence? What obligations are there, e.g. development milestones?
- Spit-out creation - What do venture capitalists look for? They will want to see all your documentation that demonstrates that you meet various requirements. They will want to see your granted patents. It is a good idea to have a portfolio with multiple aspects of the product covered. They want to see that your product and company is professionally managed and that there are no issues of contested ownership or opposition.
The Bright SCIdea Challenge 2020 Final
SCI are unable to protect any intellectual property submitted as part of the competition. It is in your best interest to not disclose any information that could give away key aspects of your innovation for others to reproduce.
The European Court of Justice (ECJ) ruled in July 2018 that onerous EU regulations for GMOs should also be applied to gene edited crops. The ECJ noted that older technologies to generate mutants, such as chemicals or radiation, were exempt from the 2001 GMO directive, but all other mutated crops should be regarded as GMOs. Since gene editing does not involve foreign DNA, most plant scientists had expected it to escape GMO regulations.
‘We didn’t expect the ruling to be so black and white and prescriptive,’ says Johnathan Napier, a crop scientist at Rothamsted Research. ‘If you introduce a mutant plant using chemical mutagenesis, you will likely introduce thousands if not millions of mutations. That is not a GMO. But if you introduce one mutation by gene editing, then that is a GMO.’
What is genetic modification? Video: The Royal Society
The ECJ ruling will have strong reverberations in academe and industry. The European Seed Association described the ruling as a watershed moment. ‘It is now likely that much of the potential benefits of these innovative methods will be lost for Europe – with significant economic and environmental consequences,’ said secretary general Garlich von Essen.
In 2012, BASF moved its plant research operations to North Carolina, US, because of European regulations. ‘If I was a company developing gene editing technologies, I’d think of moving out of Europe,’ says Napier.
‘The EU is shooting itself in the foot. Its ag economy has been declining since 2005 and it has moved from net self-sufficiency to requiring imports of major staples,’ says Maurice Moloney, CEO of the Global Institute for Food Security in Saskatchewan, Canada. ‘Paradoxically, it still imports massive quantities of GM soya beans and other crops to feed livestock.’