Chapter 8
PATENTING AND INTELLECTUAL
PROPERTY RIGHTS IN ACADEMIC -
INDUSTRIAL VENTURES
Panu Kuosmanen‚ Timo O. Korhonen‚ Helsinki University of Technology‚
Antti Ainamo‚ Jaakko Pöyry Consulting‚ Helsinki School of Economics‚ and the
University of Art and Design Helsinki
8.1. Introduction
A patent is an exclusive right to exploit an innovation commercially. In its
full meaning‚ patenting is one of the most complex and sophisticated areas of
legal practice. In the core‚ the motivation for patenting is to protect inventors
against unfair exploitation of their invention by imitators and competitors. By
patenting‚ product and service developers obtain exclusive rights for their
creative insights and hard work. When a company holds a patent directly‚ or
by the virtue of having received rights to use it‚ the patent can help to gain a
foothold in a marketplace or to maintain a commercial advantage‚ during
which time the company can further develop its products. Patenting can also
serve to enhance company’s reputation and image‚ especially when the patent
is internationally granted. Like other intellectual property rights‚ patents are
an important part of financial valuation and competitive advantage‚ especially
in high-tech industry. Competitors‚ who do not own the patent rights of par-
ticular technology‚ must invest more money and capital to develop new‚ com-
petitive solutions‚ or to pay the patent holders for the rights to utilize the pat-
ent. The patent holder can also adopt a pricing policy that is more beneficial
for a company in terms of regular rents‚ or pay on demand per use. Besides
licensing‚ the right to use a patent against payments in the above way‚ patent
holders can also sell the patent. In both cases‚ the patent becomes an object of
trade as in itself (a commodity of exchange). A patent is granted for a limited
time. In many countries‚ the maximum time of validity is twenty years from
the date of application‚ providing that the annual maintenance fees are paid.
193
T.O. Korhonen and A. Ainamo (eds.)‚ Handbook of Product and Service Development in Communication
and Information Technology‚ 193-209.
© 2003 Kluwer Academic Publishers. Printed in the Netherlands.