Chapter 20: Joey's Scientific Explanation

"The inventions and discoveries of professors and doctors can be summed up in terms of patent rights. With regard to patent rights, we need to solve the following problems: who owns the patent rights, who manages the patent rights, and how to distribute the results of the patents. Joey took a pen and paper on his desk, and said as he wrote in front of the crown prince.

"German universities and research institutes are now the best in the world, and people from all over the world come to Germany to study and research, and since they have made inventions and discoveries at German universities and research institutes, then the patent rights must belong to Germany. Anyone who does not accept this view would strongly recommend that they be prevented from continuing their studies and research in Germany. Joy drew a horizontal line under the word "Germany" on the paper, "There are private and public universities and research institutes in Germany, and I will start with the public ones." ”

"State-funded patents belong to Germany, but Germany is an abstract concept, so we need a concrete concept to put into practice, Dad, who do you think is the best management of patents?" Joey asked his father.

"How about the government intervene?" The crown prince asked rhetorically.

"The government manages patents, absolute state control, of course good!" Joy wrote the word government on paper.

"If the government manages, then a huge new department needs to be formed, and the government has to go to the parliament to get more budget, and the government and the parliament will have a war for a new parliament for a budget of one mark. Assuming that the budget is successfully won and the new department is in place, then in order to ensure the operation of the new department, a set of administrative approval procedures is required. Dad, you know the procrastination and laziness of the German bureaucracy. Eventually, these inventions and discoveries will only be shelved by the bureaucracy, which is also detrimental to the empire. ”

"If the patent is not owned by the state, does it not belong to the individual? Joey, I remember that's what I did in college now. The crown prince gave another answer.

"State-funded patents cannot belong to individuals. As a member of a national university or a research institute, conducting research in a state-funded institution, if the patent belongs to the individual, it is as ridiculous as in a factory, the product produced by the hired worker belongs to the hired worker! But now, in these state-funded German universities and research institutes, patents are actually personal! Such an act is the theft of the scientific wealth of the entire German country! It's a thief! Joey said angrily.

"Since there are drawbacks in the government's overall management, and personal management is theft, who manages it well?" The crown prince continued to ask with a frown.

"Dad, my suggestion is that universities and scientific research institutions should be managed by themselves, firstly, state-funded universities and scientific research institutions belong to Germany, secondly, professors and doctors teach and research in universities and scientific research institutions, then universities and scientific research institutions can easily and directly manage their patent rights, and finally, after the patent rights belong to universities and scientific research institutions, we only need to stipulate their obligations, such as timely disclosure of research and development results, timely application for patents, etc., the most important obligation is that patents should be given priority to German enterprises." Joey drew circles around universities and research institutes.

"I'm going to talk about the private sector, and in the case of private universities and research institutes, I also insist that private universities and research institutes own the patent rights, because they can be encouraged to be motivated, and they can support themselves through royalties. However, the funder should have the sole right to use and the first priority to relinquish patent rights in private universities and research institutions. ”

"It is also very important that universities, whether public or private, can only license patents to others, and are never allowed to sell patent rights." Joey emphasized this point on paper.

"When it comes to licensing others to use them, private universities and research institutes have the right to use patents only by investors. In the case of public universities and research institutes, the government needs to have the right to intervene, and the government should encourage and ensure that as long as German companies are willing to apply and pay fees, they can obtain the right to use patents. In order for a foreign company to obtain the right to use a patent, it must be granted with the consent of the researcher, the university or research institute, and the government, and it must be guaranteed that the patent has been applied by the German company. ”

"Next, it's the distribution of patent results." Joy continued, "It must be made clear that I am against enterprises directly founded by universities or scientific research institutions, and absolutely do not allow universities or scientific research institutions to participate in the operation, and the academic atmosphere of pure teaching and research must be guaranteed for universities and scientific research institutions. Universities and scientific research institutions are only allowed to provide services to enterprises in the form of patent licensing plus technical services, or patent shareholding plus technical services. ”

"Wouldn't it be faster to let universities or scientific research institutions directly establish enterprises, and the transformation of patent results will be faster?" The crown prince was a little confused.

"On the surface, it looks like that, but it's actually killing chickens and eggs. The primary goal of universities and research institutes is to ensure the quality of the talents cultivated by universities and the leading position of scientific and technological institutions. If professors or PhDs focus on how to make money, who will do their best for teaching and research? How can universities and research institutes ensure that German universities and research institutes are the best in the world if they do not do their best? Joey asked rhetorically.

Joy continued, "Of course, in order to avoid distractions such as paper work that would interfere with the teaching and research of professors and doctors, I suggested that universities and research institutes create a new department to implement the translation of patent results." For example, I would suggest that Mr. Professor Koch call this new department the Transfer Center. ”

"In the case of Professor Koch's transfer center, Professor Koch and Dr. Behring are only acting as consultants for the company that I am going to set up. On this project, they have a consultant of no more than five years, and we have agreed that if a professor or PhD later takes up a position in the company, then he needs to resign from the institute. ”

"In any case, I need to ensure that professors and PhDs must have four days of teaching and research per week, and this evidence of this record needs to be recorded by their secretaries for both to supervise and check."

"Dad, the last thing I want to talk about is the distribution of the results after the patent transfer, the contract stipulates that I use the patents of Professor Koch's institute, and I need to pay a certain percentage of the business income every year to pay the patent transfer fee. With regard to the allocation of transfer fees, my suggestion to Professor Koch is: Joey pointed to the contract in the crown prince's hand.

"First of all, 16% of the annual transfer fee will be used as the management fee of the transfer center, and the remaining 84% of the transfer fee will be awarded to Mr. Dr. Behring, the inventor of diphtheria antitoxin technology, and 1/3 will be used as a scientific research fund for continuing research, which will be managed and used by Dr. Behring, and the remaining 1/3 will be divided into two parts, one to the institute and one to Mr. Behring's team. As for the credit of the inventor and discoverer, of course, it always goes to Dr. Behring personally, there can be no doubt about that. ”

"Alright, that's over, it's over!" Joey clapped his hands and said with a relaxed expression.

The crown prince and the crown princess glanced at each other, and then said in unison, "No, Joey, it's far from over!" ”