Case For Humanitarian IP Program

OVERVIEW

The United States Patent & Trademark
Office (USPTO) has developed a
voluntary, pro-business pilot program to
incentivize the development and
distribution of technology that addresses
humanitarian needs.

BACKGROUND
 Greatest need of humanitarian support
coincides with breakdowns in the
market or government structure,
specifically:
 Impoverished populations with insufficient
capital to provide the needed ROI
 Areas lacking appropriate infrastructure

 Countries lacking adequate protection for
inventions

WHY THE USPTO?
USPTO is uniquely positioned to help
address these problems
 Respected leading voice on IP matters
 Working relationship with the authors of
technological progress
 History of cooperation with industry
 Leverage contacts to develop win-win
solutions
 Highlight the benefits IP has for
developing regions

PROPOSAL
 Incentivize and reward patent owners who
make meaningful contributions to
humanitarian needs.

 Provide a transferrable voucher for expedited
processing at the USPTO.

 Recipients may apply the voucher to one of
their own patents or sell it on the open
market.

EXTERNAL SUPPORT
USPTO issued a public Request For Comments in Sept
2010. Respondents from industry, academia, and NGOs
were very supportive of the program. USPTO continues
to solicit feedback from stakeholders to address
concerns and ensure success.

"BIO commends the USPTO for likewise exploring creative and
market-oriented ways to incentivize the development and distribution
of humanitarian technologies, a goal that BIO and its members have
long shared and are working hard to achieve."

-James Greenwood
BIO’s President & CEO

EXTERNAL SUPPORT

“I enthusiastically support the exploration and intent
behind the ‘Humanitarian IP program’, as I view it as a
critical component in a system for accelerating the
delivery of inclusive (pro-poor) innovations (in health and
agriculture to developing countries).”

-Stanley Kowalski
Professor of Law and Director of
The International Technology Transfer Institute
University of New Hampshire

DEFINITIONS
 Humanitarian issue – one significantly
affecting the public health or quality of
life of an impoverished population
 Qualifying criteria (roughly):
 Actions that significantly increase usage of
the technology by an impoverished group to
address a humanitarian issue
 Actions that make the technology available
to others for research on a humanitarian
issue

APPROACH
 Focus on actually delivering life-altering
treatments/products/services to suffering
people in need
 Triple Neutral Approach:
 Technology – open to all fields
 Geography – help impoverished people
anywhere
 Finance – focus on results achieved, not $$
 accommodates all business models

ELIGIBLE TECHNOLOGIES
 Any technology used for humanitarian
purposes may qualify, such as:
 Health/Life Sciences (e.g. medicines, medical
devices)
 Chemical (e.g. water purification)
 Mechanical (e.g. mine detector)
 Agriculture (e.g. enhanced crops)
 Energy (e.g. hazardous waste treatment)
 IT (Hardware and Software) (e.g. malaria
zapper)
 And others…

PROCESS
 Participants will submit prize
applications describing how they
have made significant contributions
to humanitarian goals with their
patented technology according to
the program criteria
 Expert judges will evaluate the
applications

JUDGING MECHANISM
 2-Round Review Process

 Evaluation
by outside experts with
backgrounds in technology and
humanitarian aid

 Finalselections performed by the Patent
Public Advisory Committee

TIMELINE
 FRN to be published May 2011
 Pilot rollout in 2nd half of FY 2011

PERCEIVED BENEFITS FROM
IMPACT INVESTING
INCENTIVIZATION
Average Return Expectations by instrument and region

“Impact Investments: An Emerging Asset Class.” J.P.Morgan, Global Research. 29 Nov 2010

SUMMARY
 USPTO program to reward
humanitarian use of intellectual
property
 Opportunity to advance U.S. and
world interests in humanitarian aid
 USPTO uniquely positioned to lead
 Leverages existing forces in
industry and academia to greater
effect

CONCLUSION

In our global economy, progress in even the poorest
countries can advance the prosperity and security of people
far beyond their borders, including my fellow Americans.
-President Barack Obama, September 22, 2010
U.N. Millenium Development Goals Summit

Case For Humanitarian IP Program

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