Last month, members of the World Trade Organization considered a proposal that would force American innovators to hand over some of their most valuable inventions for free. Unable to reach a final agreement, the Arizona inventors are safe for now. But until negotiators conclude formal discussions, the state's innovation economy remains in limbo.
The organization I lead, Tech Launch Arizona (TLA), helps the University of Arizona secure patents for promising discoveries made in university labs. TLA then works with inventors to license these technologies to private companies, which transform them into real-world solutions. This is a process known as commercialization.
Since its founding in 2012, TLA has guided nearly 3,000 invention disclosures, supported 615 invention protection applications leading to patent issuance, executed 537 exclusive licenses and options, and helped more than 130 startup companies. We have promoted the establishment of companies.
Recent advances related to TLA include innovative platforms for predicting which drugs will be most effective for patients depending on their individual genetic make-up, and leading to more sustainable energy storage in the future. Potentially includes advanced non-toxic battery technology. Both inventions have been licensed to start-up companies.
What is the key element in all of this commercialization? Intellectual property – or “IP”. When a member of the University approaches her TLA with a new discovery, we analyze the market and patent landscape to determine whether a patent is appropriate. In such cases, we will work with them to protect the intellectual property discovered through the investigation. Through subsequent licensing agreements, private sector partners can turn university inventions into real products only with significant private investment, with reliable patent protection that allows companies to recoup upfront R&D costs. can. Keep in mind that these expenses far exceed your investment in college.
This is where the WTO proposal comes into play. During the pandemic, WTO members agreed to waive certain commitments to protect intellectual property for coronavirus vaccines. But now some developing countries want to give up global patent protection for COVID-19 treatments and diagnostic tests, many of which were designed and patented by U.S. companies. ing. The current administration has not yet taken a position on abandoning intellectual property rights. And until that happens, America's hard-won intellectual property will be at risk.
I think this suggestion is misguided for several reasons. First, the “emergency” period of the pandemic is long gone. The US government itself has acknowledged that demand for diagnostic and therapeutic drugs for the new coronavirus infection is low.
Perhaps more importantly, the patent does not block access to COVID-19 test kits and diagnostics. According to the U.S. International Trade Commission report, experts “generally agreed that patents are not the primary barrier to access to diagnostic tests for COVID-19.” The patents for both the PCR test (the “gold standard”) and the rapid test have already expired several years ago.
Despite doing little to improve global access to coronavirus testing and treatment, the WTO exemption will undermine confidence in intellectual property protection across a wide range of high-tech sectors. If the WTO waives patent protection for certain cutting-edge technologies, how can it prevent the same from happening to innovative inventions in the future?
It is worth noting that the weakening of global intellectual property protection could disproportionately harm small and medium-sized enterprises, where patents are often the greatest source of value. Without strong intellectual property protection, these companies are unable to secure the large investments needed to turn early-stage discoveries into useful products.
This concerns me because the WTO's waiver of intellectual property rights makes it very difficult for organizations like Tech Launch Arizona to connect talented scientists with companies who want to bring promising research results to market. To become. If potential private sector partners don't trust the patents behind an invention, they won't be able to license it in the first place. In such a scenario, life-changing discoveries such as medicines, software, and devices would simply gather dust.
Arizona's economy could also take a hit. Through TLA activities alone, he helped generate $1.6 billion in economic output from 2017 to 2021. There are other similar organizations operating across the state, let alone across the country, and a move of this type would greatly reduce their impact.
I am not alone in sounding the alarm over the WTO proposal. The Association of American Universities, which represents universities here in Arizona and across the country, warned that the WTO exemption threatens investment in cutting-edge research in the life sciences. That would “reduce the availability of new treatments and other innovations to fight and cure disease,” the group warned, opposing further weakening of intellectual property protections.
The United States is already fighting to maintain its technological advantage in an increasingly confrontational foreign landscape. It is irresponsible to reduce incentives for innovation at home while failing to protect it from other countries.
However, the current administration has not yet formally rejected this exemption. The administration has enough evidence to make its position clear and end the debate.
Let's hope that happens for the countless inventors here in Arizona and across the country, and for the individuals, families, and communities that will be positively impacted by the innovations their inventions create.
Douglas M. Hockstad is vice president of Tech Launch Arizona at the University of Arizona. The views expressed here are his own and not those of the University or the Arizona Board of Regents.