Mexico: The Importance Of Patenting For Higher Learning Institutions And Its Benefits.

Recently the World Intellectual Property Organization (WIPO) published a list of the fifty companies which filed the highest number of patents for 2014. Not surprisingly, the list was headed by companies in the United States (28.6% of total filings), Japan (19.7%) and China (11.9%). However, it should be highlighted that among the top 50 spots was the placement of a higher learning institution, which is The University of California System, with a total of 413 applications filed, placing it at spot 47 of the above mentioned list.

The World Intellectual Property Organization also included a list geared at the universities which filed the highest number of PCT applications in the last year. As can be easily assumed, the University of California System headed this list, and the nine spots below it were taken by The Massachusetts Institute of Technology (234), the University of Texas System (154), Harvard University (147), Johns Hopkins University (135), Stanford University (113), Columbia University (112), The California Institute of Technology (103), University of Pennsylvania (94) and Soul National University (92). The predominance of the universities in the United States is to be noted.

Nobody doubts the academic level of the afore mentioned universities, they all place highly in the "Academic Ranking of World Universities 2014" which is published by the Jiao Tong University of Shanghai in China. The University of California placed fourth place, being passed up by Harvard University, Stanford University and the Massachusetts Institute of Technology. The UNAM (The National Autonomous University of Mexico) on its end, was ranked in the 201-300 spot and is the only Mexican university to appear on the list.

Undeniably, the academic level of the universities in the United States is an important factor in the developing of patents; however another determining factor is the association of the Higher Learning Institutions with the university-business-government system which has been regulated by the Bayh-Dole Act since 1980. The University of California is a clear example of the effect which said system has had on the significant increase in the number of patents registered by the Higher Learning Institutions in the United States since the enactment of said Act.

Percentage of Patents granted to research at Universities. The growth of granted patents after the enactment of the Bayh-Dole Act in 1980 is to be noted.

The Bayh-Dole Act regulates transference of technology and knowledge created at the universities with public funding towards industry; in such a way that the general public may benefit from the usefulness of products while stimulating the economy by means of manufacturing and the sale of said products. It is estimated that between the years 1996-2007 the economy in the United States benefitted by $187 billion dollars derived from the licensing agreements from university developed research. Additionally the mobilizing of knowledge and technology form the universities towards industry has fostered the creation of start-up companies (which are businesses which commercialize new technologies).

Some examples of inventions which were originated in United States universities through the use of federal public funds are the following:

  • Cisplatin and Carboplatin therapeutic agents, Michigan State University.
  • Calcium Supplement, Citracal®, Medical Center of the University of Texas Southwest.
  • Neupogen®, a drug used along with chemotherapy, Cancer Institute at Memorial Sloan Kettering.
  • Processes for inserting DNA into eukaryotic cells to produce protein material, Columbia University.
  • Recombinant DNA Technology, Stanford University and The University of California.
  • Trusopt® Eye drops used in glaucoma, University of Florida.

If critics of the Bayh-Dole Act question its benefits, presenting arguments regarding among other things, the high price of patented technologies and products which limit the public's access to them and the tendency of research centers to change basic research (and its inherent benefits) towards applied research, particularly in those fields of high interest to industry, etc; it is undeniable that said Act has been the determinant in the University-Industry-Government association for the last three decades, which led to its being named in 2002 by The Economist as "possibly the most inspired piece of legislation promulgated in America during this half century...."

In the case of Mexico, what happens with the scientific task? And how is society benefitting from publicly funded research? If the Science and Technology Law establishes that the government bodies with public research centers may determine the operation rules of the same (Article 50, chapter V) and may decide on intellectual property issues arising during research projects (Articles 51 and 56, chapter XI), the number of patents filed by the Institutions of Higher learning still remains low.

According to a press release issued by the IMPI (Mexican Patent Office) last July for the period of 2009 and almost half of 2014, the Mexican Patent Office received 81,733 patent applications, and of this number between 89-93% of the filed applications corresponded to businesses, among 5-6% belong to independent inventors and only between 3-4% belong to Research Universities and Institutes.

The mentioned press release also highlighted that the Monterrey Institute of Technology filed 283 patent applications in Mexico, the UNAM (The National Autonomous University of Mexico) 233, the Autonomous Benemita University of Puebla 98, the National Polytechnic Institute 90, the Autonomous University of Nuevo Leon 72 and the Autonomous Metropolitan University 51.

When comparing these results with the number of scientific articles published by the universities in Mexico an enormous difference is perceived. In 2011, the Scientific and Technologic Consultation Forum, AC, published its evaluation of the Mexican Scientific Production for the period of years 2003-2009. The UNAM was placed in first place with 23,132 published articles (in indexed magazines for each referenced institution), second place was won by CINVESTAV with 8,041 articles and third place was granted to the National Polytechnic Institute with 6,646 publications. The Report Performance in Science and Innovation for G20 by Thompson Reuters, highlighted that Mexican scientific production grew 65 percent in the last decade, with over 6 thousand publications in 2003 to surpassing 10 thousand publications in 2012.

Said results allow to undeniable affirmi that the Universities and Research Centers in Mexico are working on different research projects and generating knowledge which later is poured into scientific disclosures. However, the disparity between scientific publications and the number of patent applications filed, allows to reasonably assume, that the knowledge and technologies produced are not being duly protected by means of a patent and that consequently, they do not reach their commercial potential nor do they create important benefits to the national economy.

It is fundamental that the Institutions of Higher Learning promote a protection culture for their intellectual property among their scientific community, and that, on the other hand, effective cooperation associations for businesses are formed, given that the Institutions of Higher Learning do not possess the infrastructure to commercialize their technologies and in parallel manner, the businesses do not have the time nor human resources and materials available which research demands, particularly in the health, biotechnology, drug development fields etc.

This association is also a valuable resource for investment in Institutions of Higher Learning, which the government undertakes with public funding so that it in turn, favors the national economy by means of manufacture and commercialization of new products useful to the population, and at the same time, promote the creation of new businesses and better employment sources.

Footnotes

1: http://www.wipo.int/export/sites/www/pressroom/en/documents/pr_2015_774_annexes.pdf#page=1
http://www.wipo.int/export/sites/www/pressroom/en/documents/pr_2015_774_annexes.pdf#page=3

2: Sistema Universitario y no un solo campus.

3 Mowery, David and Sampat, Bhaven. 2004. The Bayh-Dole Act of 1980 and University-Industry Technology Transfer: A Model for Other OECD Governments?

4. Patents, Profits and the American People – The Bayh-Dole Act of 1980.

5. http://www.impi.gob.mx/QuienesSomos/COMUNICADOSPRENSA/IMPI_026_2014.pdf

6. http://www.foroconsultivo.org.mx/libros_editados/ranking_por_institucion_2011.pdf

www.ppm.com.mx

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions