Patent rights licensing

Second, WTO rules authorize governments to use compulsory licenses for pharmaceutical products. Thus, the expected benefits of the patent right to the patentee are reduced, and this maybe of particular importance in the case of neglected diseases. This does not mean that the use of compulsory licenses is inappropriate, but there can be no question that it may reduce the potential profits of patentees, and hence harms their incentives to undertake research on neglected diseases. 

When you are constrained to work co-operatively with third parties to develop or prove new technology do it on a contractual basis that stipulates publication rights, patenting rights and respective exploitation and licensing rights. 

Such information can be helpful in enforcing patent rights. Especially in cases where the deposited material is patented, the patent holder may wish to consider a simple "letter license," allowingthe requester to use the deposited material only in a certain manner (e.g., research purposes only) and requiring the requester to report any commercial uses of, or derived from, the deposited material. 

Several functioning examples of open source patent systems exist. The Public Patent Foundation (PPF) is one such initiative that facilitates the creation of a commons wherein patents may be pooled and made freely available to other participants [134]. The specific method applied by the PPF is to grant a nonexclusive and payment-free license to participants. The Biological Innovation of Open Society (BIOS) also involves technologies for which patent rights have been granted. 

The debate about compulsory licenses for patented products occurred in the context of access to HIV/AIDs drugs in Africa. At issue was the effect of patent rights on the accessibility and affordability of pharmaceutical products and vaccines in developing nations. Similar concerns around access and cost are likely to develop with biopharmaceuticals and other innovations resulting from research in health biotechnology. 

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