Patents are for Humanity
The United States Patent and Trademark Office has a very interesting program called Patents for Humanity. Have you heard of it? I hadn’t until very recently. Apparently the program has been around since 2012 and was started under the Obama administration to encourage new innovations to solve global development challenges. An independent panel of judges (NOT from the USPTO) evaluates submissions on the effectiveness of the technology in question to address humanitarian issues, the contributions made by the applicants to increase use of their technology among the impoverished, and the impact those contributions have made to improve lives. This is an interesting concept because it’s precisely for this purpose that we like to think people innovate. Patent incentives foster innovation and innovation fosters economic development and a more prosperous society.
But not everyone is so lucky. There are whole swaths of the world’s population that are struggling with basic necessities like clean water, adequate nutrition and healthcare. And it’s safe to say that these regions don’t always attract the same attention from innovators that say, a country like the US does. The Patents for Humanity program seems to shift the balance a bit. It provides an incentive for innovators to innovate for the types of products that can be beneficial to these impoverished regions of the world. What is the incentive to do so?
Well, besides public recognition for their efforts, Patents for Humanity awardees are granted a certificate that entitles them to expedite select matters before the USPTO. These matters can include an ex parte reexamination proceeding or a patent application, among others. Anyone who has gone through the patenting process knows that such a certificate is tantamount to gold. Who doesn’t know of a company that’s got a potentially valuable patent application taking the slow path at some phase of the patenting process.
Nonspec prosthetic limbs
In its nine year history, Patents for Humanity awards have been given for prosthetic limb systems, bioreactor technology for recovering nutrients, energy, and water from wastewater, cost effective eye glasses for marginalized communities, portable kidney dialysis machines, portable solar lights, passive vaccine coolers, safe toilet latrine pans for areas with poor sanitation, and TB diagnosis machines just to name a few.
This year the focus is unsurprisingly…. COVID-19. Any U.S. patent or patent application that addresses COVID-19 is eligible for this new award, including any inventions created to track, diagnose, prevent, or treat the disease. But what’s even more interesting is that this year the Patents for Humanity certificate has more options than before. Thanks to the Patents for Humanity Program Improvement Act that was signed into law on January 5th of this year, winners are now able to transfer their certificates to third parties, including for compensation. This means winners can now leverage their certificate to get the funds they need to further develop their inventions.
This is good news for start-ups and small businesses that have a good story to tell. Most small companies don’t have more than one patent, but they’re most likely involved in business discussions with large companies who do have many patents… and patent applications. Companies with a hefty patent repertoire and a pipeline of patent applications may look favorably on a deal with an acceleration certificate thrown in.
Of course, this year’s COVID category is perfect for small companies too. Nearly all of the COVID R&D that we hear about in the news is being conducted through collaboration between small and large companies, and universities. Just in Maryland alone, there are nearly 40 companies working on some aspect of COVID, whether it’s testing, tracking, storage, treatment or cure. There are sure to be some who either need their own patent application accelerated, or are in discussions with a company who can benefit from acceleration.
Patents have been getting a bad rap lately but this program is a clear reminder that patents=innovation, and innovation=help for humanity. What makes this award so special is the context behind it… it’s not only that the invention must address a specific global challenge, but also an effort must be made to make it available to people who need it.
This year’s application cycle began on April 5th and will continue until the public is given a 30 day notice for the close of the cycle by the organizers. I’ve been told the application period can be anywhere between 3-6 months.
You can learn more about the application process here.
*The views represented in this article are my views alone and do not represent the views of the USPTO or any other organization.
