PROTECTION AND ENHANCEMENT OF DISCOVERIES

The activities of protection and enhancement of CNR scientific results which are subject to industrial exploitation follow some criteria:
Legal protection of discoveries and management of CNR intellectual property right portfolio; diffusion and marketing of discoveries and CNR know-how; negotiation and drawing up of contracts with the firm sector; information and support for the benefit of the Body Institutes and researchers.
In turn, CNR intellectual property right portfolio involves: patents for industrial inventions, patents for models of utility, patents for new vegetable varieties, trademarks, software and copyrights.
As to patents for industrial inventions, models of utility and new vegetable varieties, CNR acted over the years in line with the resolutions of art. 23 of the Royal Decree 1127, which provides that the legal ownership of the inventions of CNR workers belongs to CNR and that inventors, apart from being considered the moral authors of the inventions, have the right to receive an "even prize" in case of commercialization.
The situation was changed by the Law 18 October 2001, No. 383, which decrees that"...when there is a business relation with an university or a public institution with research purposes, the researcher is owner of the right coming from the patentable invention he is the author of".
Following the introduction of the new regulations, the inventors who have a business relation with CNR and who make a patentable discovery, have two options: submitting an application of patent on their own title and expenses, provided that they communicate it to CNR; entering into "the Agreement for the cession of the right to submit an application of patent" with CNR, whose scheme was approved by CNR Board of Directors on 23 April 2003; according to it, CNR acquires the legal ownership of inventions, takes on all the patent charges and commits itself to give inventors a percentage of any possible revenue coming from the commercialization.
After the deposit or registration, the firm sector is enabled to verify the existence of conditions for a transfer of the legally protected intellectual property rights. It is also possible that the entrepreneurs are interested in the so-called "tacit" knowledge or in the "skill-based" one, which provide for the researchers'physical involvement.
Following negotiations, according to need and situations, CNR may enter into: secrecy agreements, contracts of option or licence. The intellectual property rights are one of the most important aspects of CNR technological transfer activity, because not only do the incite researchers, but they also contribute to bringing funds for other researches; they also represent a prominent instrument to improve innovation, competitiveness and employment within the overall society.
Since 1982, with its Italian and foreign patent portfolio, CNR has been the Italian public body which most contributed to the creation of inventions and innovations. As to 31 December 2002, it has an Intellectual Property Right Portfolio equal to 431 findings, which are legally protected in Italy and in foreign countries. The current contracts of licence and option are in the number of 87, 12 of which are with foreign firms.

(Page edited by Mr. Francesco Saverio Donadio- CNR - D.A.S.T. - Service IV Relations with Industry and Services - Head for the Protection and Enhancement of Discoveries)