Brazilian University Patent Deposit

Chapter4.0 – Results and Discussion Part 1 – UFMG’s Position Amongst The Six taking University Patent depositors in Brazil.

4.1. University Patents in Brazil: the protection of cognition generated in universities between 1990 and 2010

The aim of this section is to show a vision of the usage of the Patent System by the Brazilian Universities, in order to verify the grade of appropriation through patents, engineerings developed in their research. It must be emphasized that the informations used in this section are secondary informations, all derived from the most recent related publication by the INPI research workers ( Luciana Goulart de Oliveira and Jeziel da Silva Nunes ) [ 1 ] who conducted a study of published patent applications filed at the INPI, and used the informations related to the period between 1990 and 2010.

The chief depositors have been identified, every bit good as the concentration of technological applications, the regional distribution of depositors, their legal nature, the being of linkage between entities that can denote cooperation activities, every bit good as cardinal discoverers.

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The study conducted utilizing the methodological analysis specified selected 3,189 paperss, with 2,958 Patents ( 92.8 % ) , 200 Utility Models ( 6.3 % ) and 31 Patent Certificates ( 1.0 % ) . The development of seeking patent protection by Brazilian higher instruction establishments, called universities in the period 1990-2010 can be seen in Graph 3, below.

Beginning: Adapted from sinpi/cedin/sistemaad.

Concentrated in 103 depositors a sum of 3,189 filings of patents effected by third establishments in the state. In order to enable a more elaborate treatment and position the scattering of sedimentations between universities a ranking was built, included in Table 05 below, which merely contains the universities with more than 60 ( 60 ) patent applications, which are 12s ( 12 ) , responsible for the sum of 2,486 applications found.

Table 6 –Brazilian University Patent Deposit Ranking.

Beginning: Adapted from sinpi/cedin/sistemaad.

From Table 05 it can be seen that the State University of Campinas ( UNICAMP ) ranks first with a little difference to the 2nd topographic point, the University of Sao Paulo ( USP ) . The Federal University of Minas Gerais ( UFMG ) , which appears in 3rd place, appears to hold a little advantage over 4th topographic point, the Federal University of Rio de Janeiro ( UFRJ ) .

It is observed that all 12 universities that appear in this group are public, foregrounding the importance of authorities policies and guidelines for the constitution of the current criterion of instruction and research every bit good as an equal budget to keep the quality of the implemented research and operating setup to execute the administrative and proficient activities for the protection of Intellectual Property assets. Relevant averment, excessively, is that the four most outstanding universities in the volume of applications are all in the Southeastern part of the state, conveying together about 73 % of entire application, which reveals a richer concentration of cognition and expertness in the part Brazil, both from the industrial point of position as the quality of learning and research and making and measure of professors.

Graph 2 shows the distribution of regional concentration:

Beginning: Adapted from sinpi/cedin/sistemaad/relatorios.

As shown on Graph 2 above, The South-East of Brazil deposited 73 % of all University patents in the state while the south records 16 % , the North-East has 6 % , the Central-West has 3 % and the North is with 2 % . These imply that there is an uneven distribution of scientific researches which may besides be attributed to investing in Science, Technology and invention amongst the parts, or an hypothesis the South-East part of Brazil adapts the more to the patenting civilization as a manner to geting technological invention.

The distribution of patent sedimentations by the Brazilian provinces can be seen in Graph 3:

Beginning: Adapted from sinpi/cedin/sistemaad/relatorios.

Graph5 above shows that the stat of Sao Paulo deposited the highest figure of patents which sums to 49.94 % of the sum of Brazilian university patents while Minas Gerais province detains 18.32 % , followed by Rio de Janeiro with 11.17 % , and Rio Grande do Sul with 6.9 % etc. This brings us to the decision that the province of Minas Gerais is the 2nd highest depositor of patent in Brazil as at the twelvemonth 2010.

4.1.1.Legal Nature of the Existing Depositors and Institutional Linkages

The classs that indicate the legal position of depositors were defined as follows: “Individual” , “Public Legal Entities” , “Private Legal Entities” , “Public University” , “Private University” , “Public Fomentation Entity” , “Private fomentation Entity” , “Research Support Foundation ( Fundacao de Amparo a Pesquisa – FAP ) ” , “Center for Technological Innovation ( Nucleo de Inovacao Tecnologica – NIT ) ” , “Research Institute of Public” and “Private Research Institute” . Graph 4 shows the distribution from the Legal position.

Beginning: Adapted from sinpi/cedin/sistemaad/relatorios.

Already, the nature of the nexus between depositors depicts the type of relationship between the establishment and its spouses in their research activities and, even more, which indicates the openness that the establishment is bespeaking to the society. Patent applications with a individual depositor were classified in the class “Non-Shared” , when the sedimentation had as its proprietors two or more universities, we adopted “Shared Public or Private University” and specifically these instances were considered in the count as if each had a sedimentation proprietor, since there is no manner to cognize what was the engagement of each of them individually.

Another point that should be highlighted refers to the instance of sedimentations made by a University as the 2nd depositor holding one or more persons. In these instances, so, we adopted the name “Shared Private Legal Entities” , nevertheless, merely the ownership of the establishment was counted, when the sedimentation was made by one or more universities along with an Institute for Public or Private Research adopted the name “shared with the Institute of public and private Research” , severally, and when shared with public or private company it has been designated as “shared with public or private Legal Entities” .

It is verified that the huge bulk of sedimentations has a exclusive owner, a sum of 67.7 % of sedimentations, followed by those with shared ownership with the research support foundations as 8.8 % , and Legal Entities with 6.7 % . Already coaction between universities is merely 2.8 % and 2.6 % with Persons.

4.1.2.Top Universities Depositors

Beginning: Adapted from sinpi/cedin/sistemaad/relatorios.

As a map of figure of applications filed were considered establishments that deposited a hundred or more applications, and merely 6 establishments attended this respect. UNICAMP leads the ranking of the largest depositors of the University sector with approximately 20 % of entire sedimentations of Universities, followed by 17 % USP,UFMGand UFRJ with approximately 10 % and 8 % severally. The temporal distribution of the sedimentations of each of the six universities in patents from 2000 to 2010 is presented in Graph 7 below.

4.1.2.1. Featured Inventors

After redacting the Innovation Law there was a alteration in tonss received by university research workers in order to besides account for the sedimentations of patents ensuing from their researches, in add-on to the traditional rating given by the publication of scientific articles in specialised diaries. Table 07 below lists the most productive research workers in footings of patent applications, with their Fieldss.

We can infer from table 7 above that UNICAMP merely has 8 ( over 33 % ) of the highest university discoverers. However, despite the really high public presentation of UNICAMP in patenting, it’s research workers do non concentrate their innovations on drug patent ( IPC A61K ) every bit much as research workers of other Universities like USP ( 12 % ) and UFMG ( 20 % ) with the highest figure of drug patent sedimentation. USP being the highest depositor and UFMG 2nd highest depositor of drug patent ( IPC A61K ) as shows below.

4.1.3. Concentration of Major University Depositors

Patent paperss have categorization of their capable affair with regard to to the International Patent Classification which, in the context of this work, allows evaluate the technological activities developed by the establishment during the period of involvement. From the position of the patent system, this is the most direct manner to verify this information since all certification is classified harmonizing to the IPC, which is used by most states belonging to the system.

Technological concentrations based on the IPC permits screening of the sector to which establishments are imparting their attempts. In finding the technological concentration it has been registered that there are three recorded categorizations with an incidence of larger sedimentation than five in each establishment, ordered by the amount of all happenings. It is observed that amongst the six universities with over one hundred sedimentations discussed below there is an convergence of research in similar Fieldss, such as from the A61K and G01N, with no sharing of resources invested or accrued benefits.

Beginning: Adapted from sinpi/cedin/sistemaad/relatorios.

UNICAMP sought protection in subclass G01N – “Research and analysis of stuffs by their physical or chemical properties” , with 64 applications and A61K – “preparations for medical purposes” with 47 applications. Subclasss C02F – “Treatment of H2O, sewerage and sludge” , along with C07C “acyclic or carbocyclic compounds” have important presence, with happenings of 32 and 30 sedimentations, severally.

4.1.3.2.The University of Sao Paulo – Universidade de Sao Paulo ( USP )

Beginning: Adapted from sinpi/cedin/sistemaad/relatorios.

Deposits in the subclass A61K – “preparations for medical purposes” , 89 happenings in A61B – “Diagnosis, Surgery and Identification” , 30 happenings. In C12N – “Microorganisms or enzymes ; Their compositions” and G01N – “Research and analysis of stuffs by their physical or chemical properties” has 29 and 24, happenings severally.

4.1.3.3.The Federal University of Parana – Universidade Federal do Parana ( UFPR )

Beginning: Adapted from sinpi/cedin/sistemaad/relatorios.

Concentrate its researcheson subclasses A61K – “preparations for medical purposes” , with 8 A01N – “Preservation of organic structures of worlds or animate beings or workss or parts thereof” , with 7 and H01L – “Semiconductor devices and electric” with 7. The B01J – “colloidal chemical science chemical or physical procedures, and contact action ; Devices” and C12P – “Fermentation processes or processes that usage enzymes to synthesise a coveted chemical compound or composing or to divide optical isomers from a racemic mixture” have 4 applications each.

4.1.3.4.The Federal University of do Rio de Janeiro – Universidade Federal do Rio de Janeiro ( UFRJ )

Beginning: Adapted from sinpi/cedin/sistemaad/relatorios.

The UFRJ focuses its sedimentations on the field A61K – “preparations for medical purposes” , with 10 happenings, along with C12N field – Biochemistry, with six happenings. Besides reveals involvement in seeking protection in the field A61B and A61M – Medical Science and Health and C07K – Peptides.

4.1.3.5.The Federal University of Rio Grande do Sul – Universidade Federal do Rio Grande do Sul ( UFRGS )

Beginning: Adapted from sinpi/cedin/sistemaad/relatorios.

UFRGS focuses its sedimentations on the subclass A61K – “preparations for medical purposes” , with 17 applications, G01N – “Research and analysis of stuffs by their physical or chemical properties” , with 11 applications and C12N – “Micro-organisms or enzymes ; Their compositions” with 8 applications.

4.1.3.6.The Federal University of Minas Gerais – Universidade Federal de Minas Gerais ( UFMG )

Beginning: Adapted from sinpi/cedin/sistemaad/relatorios.

It is observed that UFMG’s patented innovation is more concentrated on the subclass A61K – “preparations for medical purposes” , with 70 happenings and subclass C07K – “Peptides” , with 30 in C12N – “Microorganisms or enzymes” with 19, C07C – “acyclic or carbocyclic compounds” , with 15 and G01N – “Research and analysis of stuffs by their physical or chemical properties” with 14. It is nevertheless noteworthy that up to the twelvemonth 2010, UFMG is the 2nd highest depositor of drug patent with the IP categorization A61K, which is of extreme relevancy to our instance survey in the following chapter.

In this context, current treatment sing the argument on the present / hereafter of higher instruction is critical. Therefore many conducted national and international forums have recommended the demand to aline preparation produced by the Academy to the real-world demands. And Brazil is no alien to this world and have felt this demand that has been the debated topic.

Specifically, the Universities and Institutions of Higher Education of Brazil have been, over clip, carry throughing their function of preparation of qualified resources with competency and efficiency, despite the heterogeneousness in the distribution of resources regionally, whereas standing out in the international sphere concerns production and scientific publication.

Within this scenario, it appears that the University produces engineerings in its research that, someway, work out proficient jobs with public-service corporation for the state. In recent old ages, many enterprises have been developed to take advantage of this expertness to bring forth goods and services with high technological value, whether through Technology Based Incubators associated with establishments, or through partnerships straight with companies.

Following the passage of the Innovation Law ( Law n? 10.973/2004 ) , there has been the part of a new world for public instruction establishments, in that it the creative activity of Technological Innovation Centers became mandatory, with the intent of send oning the Intellectual Property issues emerging in the academic environment, since consciousness of Intellectual Property was booming. This fact has helped the College to understand and utilize the Patent System more intensively. However, it is by and large observed that despite protected engineerings being developed by the university most frequently with the public budget, there exist a really infinitesimal return to the society, similarly there is a really low degree of successful interaction between the university and companies, be they local or international, which lead to a really low degree of economic values and acknowledgment accrued to the produced engineerings.