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SUGGESTIONS FOR IMPROVEMENT
1. The calculations could start right now on some databases — e.g. esp@cenet. Because PATSTAT is not fully operational, there would be some time needed to work out the user interface.
2. Looking at both patent applications and granted patents may be required in order to obtain the more thorough, clear, and reliable data needed for an access and benefit‑sharing indicator.
Patent applications are important as the first publication of inventions. They also often remain the only information available until the grant of the patent, which may take years. Many patent applications, however, will never become granted patents. The invention protected by a patent may, similarly, differ from the one proposed by the patent application as a result of the formal and substantive examination processes.
3. The indicator should be re‑defined as the percentage of all patent publications using components of biodiversity and related traditional knowledge. Other indicators could be developed to build on the resulting information. In addition to the overall percentage of patents for inventions relevant for benefit‑sharing, information on the shares by countries and industries, as well as data on the origin of the resources and related knowledge, would be helpful to measure and monitor the implementation of the CBD.
4. Existing work on IPC classification codes relevant for biodiversity should be the basis for the calculation of the proposed indicator. The list of classification codes developed by Dr Oldham (Annex 2) would provide more comprehensive information on the use of biodiversity in new products and processes. However, a methodology based on these codes would need to be further refined to ensure the relevance of information for the implementation of the CBD benefit‑sharing requirements.
5.PATSTAT, as a worldwide patent publication database designed for statistical use, would be the most appropriate basis for the calculation of the proposed indicator. Initial difficulties in developing scripts and user interfaces are outweighed by the benefits in terms of certainty and comparability of the resulting information. The main advantages of using PATSTAT are:
1. PATSTAT is designed for statistical use.
2. It will be widely used for this purpose by all main patent offices, making the indicator easily comparable.
3. If additional indicators were developed or additional information was sought on the basis of the proposed indicator, PATSTAT allows more fields to be searched than esp@cenet.
For references, please go to https://www.eea.europa.eu/data-and-maps/indicators/patent-applications-based-on-genetic-resources/work-due-01-jan-2099 or scan the QR code.
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