INTRODUCTION:

Using a new global data base on patents and innovation inputs the authors examine the process of knowledge creation measured by the dynamic relationship between research and development and patents granted. William F. Maloney (2005).

Inventors who are going to attempt to draft their own patent applications need to go into the process with their eyes wide open realizing that the resulting patent application will be better if a patent attorney is involved in the drafting and most importantly understand that numerous things that one can and likely will do that will lead to a resulting patent grant that is compromised at best or completely worthless in the case scenario.

The Patent System:

A patent is a contract between the inventor or applicant for the patent and the State whereby the inventor or applicant gets a monopoly from the State for a certain period in return for disclosing full details of the invention. The patent system thus ensures that information on new invention is made available for eventual public use so as to encourage technical and economic development and discourage secrecy.

If an inventor or company has an invention which they consider to be novel and inventive they may apply for a patent. This may be granted only after a detailed examination by a patent office. Once the patent is granted the inventor or applicant has the sole right to make use or sell the invention for a limited period. This period is usually twenty years.

There can also be confusion about what exactly can be protected by the patent system. Patent can only be applied to inventions. These usually have an industrial dimension. An invention is normally a new product which involves a new principle of operation or an improvement to an old principle. Alternatively it may refer to a new or improved industrial process. Things which do not involve manufacture are not usually considered to be inventions. For example a new scientific theory or a new surgical procedure would not be considered to be patentable for this reason. (Rajeev Singhal)

Patent Application:

Mary Bellis stated the sections of the patent application suggest where researcher specifies what the machine or process is and how it differs from previous patents and technology.

The description starts with general background information and progresses to more and more detailed information about the machine or process and its parts. By starting with an overview and continuing with increasing levels of detail in which the researcher guide the reader to a full description of intellectual property.

Researcher must write a complete and thorough description as one cannot add any new information to the patent application once it is filed. Professional help may be of benefit to ensure maximum protection for the intellectual property. Be careful not to add any misleading information or omit relevant items.

Although the drawings are not part of the description the researcher should refer them to explain the machine or process where appropriate include chemical and mathematical formulae in the description.

When writing the description use the following order unless one can describe the invention better or more economically in another way.

· Title

· Technical field

· Background information and prior art

· Description of how the invention addresses a technical problem

· List of figures

· Detailed description of the invention

· One example of intended use

· A sequence listing if relevant

Patent Cooperation Treaty (PCT):

PCT is an international patent law treaty concluded in 1970. It provides a unified procedure for filing applications to protect inventions in each of its contracting states. A patent application filed under the PCT is called an international application or PCT application.

PCT Procedure:

An international patent application (also called PCT application) has two phases.

· The first phase is the international phase in which patent protection is pending under a single patent application filled with the patent office of a contracting state of the PCT. International application need to be filled in one language only.

· The second phase is the national and regional phase which follows the international phase in which rights are continued by filling necessary documents with the patent offices of separate contracting states of the PCT.

Eighteen months after the filling date or the priority date, the international application is published by the International Bureau at the WIPO, based in Geneva, Switzerland, in one of the ten “languages of publication”- Arabic, Chinese, English, French, German, Japanese, Korean, Portuguese, Russian and Spanish.

Intellectual property rights (IPR):

Patenting intellectual property is important for a number of reasons. Health care products are designed to improve the effectiveness and efficiency of care. Without the patent the property would most likely never enter into the public market for general use by either health care providers or clients.

Intellectual Property Rights are statutory rights once granted allows the creators or owners of the intellectual property to exclude others from exploiting the same commercially for a given period of time. It allows the creators or owner to have the benefits from their work when these are exploited commercially. IPR are granted to an inventor or creator, designer in lieu of the discloser of his or her knowledge.

Patents are of no value unless the commercial worth of the product or technology can be demonstrated and exploited. Many patentable inventions have failed not because they didn't work or because they had been invented before but because the inventor was unable to exploit them commercially. If one does successfully commercialise an invention however the rewards can be substantial.

Governing Law in India for IPR include Patent Act in1970.

IPR policy (ICMR):

To meet its objectives of improving public health through research the ICMR will pursue an active policy of ensuring the most rapid and efficient development of new medical technologies developed by its scientists through seeking IP rights in India and abroad. The Council as an agency of the Indian government will ensure that its basic mission will not be compromised by its efforts to commercialize new technologies. Further where research and development is not necessary to realize the technology primary use and future therapeutic, diagnostic or preventive uses, IP protection may not be sought and instead those technologies can be commercialized through non-patent licensing.

The Intellectual Property Rights Unit in the ICMR Headquarters Office will help scientists in their efforts to identify, protect and commercially exploit all new knowledge generated with ICMR support. The IPR Unit would provide technical, legal and other support needed for IP protection, technology transfer, licensing and commercialization issues.

Patent in nursing research:

Nurses can be very creative and the development of new ideas that can save nurses time and do more accurate work. Intellectual Property law is a unique and specialized area. In order to obtain the best advice and representation the nurse need to consult with a nurse attorney.

Nancy Brent (2009), the patents registered in the nursing area may be used as an indicator of the technological development in the area. The information gathered is discussed in relation to the appropriation of the technologies, the incentive to develop them and register them as a source of knowledge in the nursing field aiming the practice of care. Light and light hard technology productions are increasing in the nursing field. However these are not registered and patented.

The technological advance in the nursing field is emergent and needs policies for its development. Koerich, Micheline Henrique Araujo da Luz et al (2011).

Stevens KR stated the following benefits of patent

(1) It encourages the nurse inventor to make the invention

(2) The public is given an opportunity to use the invention

(3) The knowledge of the invention is made available to everyone

(4) Often royalties are returned to the institution for further research and development activities.

REFERENCES:

1. Koerich, Micheline Henrique Araujo da Luz et al. Brazilian technological output in the area of nursing: advances and challenges. Rev. Gaúcha Enferm. (Online).Vol (32) n (4); 2011: 736-743.

2. Stevens KR. Patents and the nurse scholar, Part I: The basic philosophy of intellectual property. Patenting in nursing research. 20(3); 1994:36-8.

3. William F. Maloney. Patenting and Research and Development: A Global View.2005.

4. Nancy Brent. How does patenting a product that would help nurses do their work more accurately and efficiently? Nurse.com; 2009.

5. Zhen Lei, Rakhi Juneja & Brian D Wright. Patents versus patenting: implications of intellectual property protection for biological research. Nature Biotechnology 27; 2009: 36 – 40.

6. Mary Bellis. Patent Application Tips - Tips on writing descriptions for a patent application.com guide.

7. Patent cooperation treaty – free download from Encyclopedia.

Received on 02.06.2012 Modified on 05.06.2012

Asian J. Nur. Edu. & Research 2(2): April-June 2012; Page 73-75