Public Research Laboratories Innovation and Transfer

1. Franco-Chinesecooperation in Competitive Intelligence June4th-5th, Paris, 2013 Public ResearchLaboratories Innovation and Transfer Henri Dou ATELIS (France Business School) 1 rue Leo Delibes, BP 0535 Tours 37205 Cedex 3 – France douhenri@yahoo.fr http://www.ciworldwide.org

2. Innovation and politicaltalks • Innovation isviewed by politicians as the best way to create or maintaincompetitiveadvantages. • In thispresentationwewill focus on : • The mechanism of Innovation • The neccesary information linking science and technology • The access to Chinese Information fromChinesedatabase • The darkside of research motivation • Whatcanbedone to improve the transfer fromUniversity and researchcenterslaboratories

3. Innovation and scientificpartnerships lias Zerhouni, Director of the National Institutes of Health (NIH). Presented in December 2006 during the congressorganisedby“the American Society of Hematology”. Citéed in Quel modèle pour la recherche publique française, Les Echos, WednesdayJanuary 10th 2007 2007, Alain Perez “The success of American scientific research depends on the existing implicit partnership between academic research, the government and industry. The research institutions have the responsibility to develop the scientific capital. The Government finances the best teams by a transparent system of selection. Industry holds the critical role to develop robust products intended for the public. This strategy is the key of American competitiveness and must be maintained. ”

5. To innovate, itisnecessary to know whatcanbedonewithhiscompetencies Academicscientificworkis not understoodmost of the time by SMEs. All the informations are not in Google, as well as in the classical commercial online databases. In the world, large information sources even not in English must beconsidered as potential sources of results and ideas. The potenialoffers by China in thisdommainistremendously Important (first patenting country, among first scientific production) This introduces a rapidoverview of Chinese information (Academic worksand most important patents).

6. Overseas CNKI Portal Access to academic information http://oversea.cnki.net/kns55/default.aspx

7. Searching in Master Thesisis a good way to see whatisgoing on (titlesonly in Chinese)

8. Using Google Translate

9. Acces to the abstract Dircetlyprovided in Englsh 【Abstract】 Competitive intelligence iswidelyused in business fieldsrecentyears, such as economic and financialenterprises, information science, electronictechnology. It’s an intelligence collection methodquicklyexpanding to other areas, and promoting the development of the field, accessing to enormouseconomic and social benefits. It is a hotspot of intelligence study; Due to the limitations of Western medicine has been found to recognize, Chinese and overseas experts believethattraditional Chine...  【Keywords in Chinese】 中医药； 竞争情报； 监测； 采集； 系统； 【Key words】 TraditionalChineseMedicine； Competitive intelligence； monitor； collect； system；

10. Acess to Chinese patents and Utility Models China larger patent contributor in the world

11. Basic information about patents A patent granted in one country protects the invention only in this country A patent as a life span of 20 years A patent canbeextended to other countries via differentroutes (during one yearafter the first deposit to do it), national (maytakeseveraltears eg.US), regional (such as EP, OAPI, etc., maytake 3 years) International (WO, PCT, maytake 3 years or more) Patents of differentnumbersmaycover the same invention, thisis a patent family The ratio of the number of extended patents (best WO, PCT, EP) towards the number of dometic patents not extended in other countries is a an interestingindicatorwhichcanbeexplained in differentways. (cftriadic patents OCDE)

12. Access to Chinese Patents and Chinese Utility Models • Using the EPO world patent database • Using the SIPO (Site of the IntellectalProperty Office • of the PRC) • Remainsthat translation canbedone: • using Google translate (free) • using local translator such as SISTRAN • a pdf image canbetransformed to electronictext (even • Chinese) an aftertanslatedusingcut and paste system and • a translator for instance.

13. Access to the EPO database (Patent worldwide) http://worldwide.espacenet.com/advancedSearch?locale=en_EP

14. Patent query (PR priorityChinese, PN all otherChinese patents + PR) Query « windmill » in titles and abstracts

15. Whatis a utility model A utility model is a small (petty) patent whichisgranted in less that one year, whichcost a lostless (order 100 US $), with almost no examination. The span of the utility model is 10 years in China. The utility model canbetransformed in patent atany time. Objective: to open the way to innovation to almosteverydody. To build up a barrieragainst the extension of foreign patents to China (alsotrue for guenuine patents. In the world patent databse(EPO) the search for utility models canbedone by putting the term « model » in the query of the abstracts Results of the « windmill » query: PR= 1249 PN= 1339 delta= 90 utility models: about 30%

16. Exemple of an utility model reference (world patent database EPO)

17. Access to the Chinesepatent database http://english.sipo.gov.cn/index.html

18. Search for a patent with the term « firework » in titles

19. Querywith the term « color » limited to uility model in the former search

20. Examples of results From: Dou H., Dou J.-M. Jr, ChinesePatent - A TentativeExplanation of Various Strategiesof Patenting , Chinese Business review, January, vol 12, n°1, 2013

21. General considerations Strategistsmay look to Chinese patents in severalways. Chinesepatents extendedto other countries indicatesomestrategicChinesetechnologicaldomains. Furtheranalysis (APA) canbedonethroughMatheo-Patent (http://www.matheo-software.com ) ? Chinese patents not extendedcanbeseen as a domesttccompetition output but also as the way to raiseprotective barriersagaints the extension in China of foreign patents. Utility modelseven if they are neglected by the westernerscanbeconsidered as a source of innovation but also as trapswhich in some cases maybecomeverydangerous.

22. Consideration about Utility Models Utility model – An effective tool in global patent portfolio protection. Patrick Jewick, IntellectualPropertytoday, 2010 Utility models are generally less popular than patents, but they can still be a significant deterrent to copying. Many of he remedies associated with patents are also generally available for utility models, including, but not limited to, injunctions and damages. Thus, a potential infringer cannot afford to ignore the presence of utility models simply because they are not patents. The effectiveness of utility models was demonstrated in recent litigation in China between Chint, a manufacturer of low voltage devices in China, and Schneider electric.

23. In that litigation, Chintsucceeded in asserting its utility model against Schneider and obtained a verdict of $49 million, a productive result for a utility model application with just a $70 filing fee. Chint’s utility model survived Schneider’s subsequent invalidity challenge, with Schneider settling the lawsuit for $23 million. While the dollar amounts might seem small in comparison to patent litigation in the U.S., the Chint case has been described as one of the largest patent damages verdicts in China to date. When to use a Utility Model there are a number of situations when a company should consider filing for one or more utility models.

24. Below is a discussion of the circumstances when utility models should be considered. Immediate and comprehensive protection is important. in many countries, the patent process can easily take three to five years(or more) before a patent is issued this is simply too long for many industries, where the first to market determines the viability of a company. Many inventions can be commercialized shortly after conception (or may have a short commercial lifetime). Protection for those inventions must be obtained quickly to deter imitation or duplication while the inventions gain commercial acceptance in the market place.

25. Transfer fromUniversities and ResearchLaboratories The basic condition to have a transferis to have something to transfer! Organizingresearch to facilitate the tranfer A wide use of information able to make the link betweenresearch and industry, in laboratories but also in the transfer office of the university. Createincentive for laboratories and researchengaged in researchindustry collaboration

26. Organizingresearch to facilitate the transfer Change at the national level the rules of researchers and laboratoriesevaluation . (The bibliometricfever, Gingras) Createat the regionallevelstrategicthink tanks to develop a regionalresearchgovernanceaccordingitspolitical objectives Developregionalcontractswithlaboratories to achieve the regionaldevelopment goals The national politicaldiscourses of the heads of the research and educational institutions must be in accord withwhatreallyhappenswhenresearchers and laboratories are evaluatedat the national level.

27. Action at the national level Entrepreneurial courses must bedevelopedat the Master and Doctoratelevels not only for the students, but also for all professors and researchers. Create an incentiveamong the researchers by a larger ROI whenthey are engaged in the tranfer of theirknowledge Create a special formation (continuingeducation) to have real transferspecialists (not a diploma, since the needislimted) knowledge of the mechanism of the tranfser (contracts, protection, security, negociation, …..) knowledge and analysis of whatisdone in the institution, the competences, the know how, the facilities, and seek for partners in research and development (ex StanfordResearch Institute, University of Coventry) Cerate in research and education institutions strategicthink tanks to develop a robustgovernance to facilitate the transfer of knowledge

28. SMEs and R&D • SMEs do not have the potential to developtheirownresearch. One of the • best solutions is not to developit in a pole of competitiveness, but to organized • a collaboration with a laboratory. • There are differentways to finance thisresearchcontracts: • Grant CIFRE format ( the State pays part of the cost), devoted to doctorate • Grant from the region , accordingitsstretegies orientations, thismayconcern • A laboratoryitself • A laboratory and one or several (difficult) SMEs • The SME finances directly the laboratory , for a specificresearch • All the money spent by the SME in researchmaybeintroduced in the • « credit d’impôt recherche », and part of the money willbededucedfrom the • Taxpaid by the SME to the State. • To have a researchcontractwith a laboratorymayfacilitate the obtention of • otherfundssuch as the OSEO whichprovidesfunds for innovation and loans • etc…..

29. Example OSEO Direct aid to innovation to share the risks inherent in research and development of SMEs and thus promote access to private financing. support, expertise and services related updates ... A mission of general interest on behalf of the State and in partnership with the Regions Whetheryourprojectis to create a market for local or international, traditional or innovativeactivity, OSEO iswithyou..Alongsideregions, financialpartners and support networks, wework to share the risk of starting the form of loans and guarantees on bankloans and capital transactions of venture capital organizations. The Chambers of Commerce and Industrywill help the SMEs to determine the best possible financial help. The sameshouldbedone for the laboratories by the Transfer Unit of the University or Research centres.

31. Somebrakes Sciences vision of liberty and feeling thatresearch as no border – Unions (specially in France) Pubish or Perish ! 80% of mostscientificpapersdid not bringsignificant results Expert boards set up by the National Institutions of Research and Education shouldbe transparent Lack of interestfromindustry(complexity of research institutions) No real specialists (decisionmakers) and experts in regions

32. I thank you for your attention