[Ip-health] Civil Society comments on USPTO humanitarian priority review voucher proposal
Judit Rius Sanjuan
judit.rius at keionline.org
Tue Nov 23 07:09:07 PST 2010
On November 19, 2010, Knowledge Ecology International, Medecins Sans Frontieres/Doctors without Borders, Oxfam America and Public Citizen answered a Request for Comments from the US Department of Commerce on a proposal to "Incentivize Humanitarian Technologies and Licensing Through the Intellectual Property System".
In a September 20, 2010 Federal Register Notice, the USPTO announced the US Government is considering creating a new incentive mechanism in the form of a pilot program to grant priority review vouchers for technologies and licensing behavior that address humanitarian needs. The vouchers would enable applicants to obtain an accelerated ex-parte re- examination of any patent they own, or could be transferred on the open market
The Comments are available here: http://keionline.org/node/1024
and here: http://www.citizen.org/documents/USPTOPublicHealthSubmissionFinal.pdf
The Comments include nine main recommendations:
• Ensure policy coherence with U.S. global commitments on public health, innovation and intellectual property.
• Ensure that the incentive mechanism is designed to motivate innovation and dissemination of technologies responding to a wide range of diseases and health concerns.
• Ensure that the program provides significant incentives, potentially by limiting the number of vouchers provided, as with a prize.
• Ensure an effective accessibility and affordability strategy.
• Favor humanitarian open licensing and technology transfer practices that include a wide geographical scope, including all developing countries.
• Institute a system to meaningfully ascertain the humanitarian value of the technology and dissemination mechanisms.
• Ensure that the mechanism does not incentivize unnecessary patenting.
• Prevent abuses of a system established under the voucher program.
• Ensure continued transparency.
Knowledge Ecology International. Judit Rius Sanjuan. Contact: judit.rius at keionline.org
Medecins Sans Frontieres / Doctors without Borders. Emi Maclean & Michelle Childs. Contact: Michelle.Childs at london.msf.org
Oxfam America. Rohit Malpani. Contact: rmalpani at oxfamamerica.org
Public Citizen. Peter Maybarduk. Contact: pmaybarduk at citizen.org
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