4 ms·

I dont see any problem either from a public health perspective. I suspect what they are trying to go after is chinese institutions scooping US researchers throu

I dont see any problem either from a public health perspective. I suspect what they are trying to go after is chinese institutions scooping US researchers through IP theft. I have heard this is a particular problem in medical research because everything is so commercially oriented. By comparison, i don't believe NNSA grants prevent researchers from receiving funding from elsewhere, and those grants are focused on nuclear technologies.

komali2 6y ago
But NIH is all published - how can you IP steal? Maybe you get it a year ahead of time I guess?
- dominotw 6y ago
  direction of research is influenced by people participating in it. Chinese can pursue their own agenda with NIH funding.
- unishark 6y ago
  If you scoop another researcher then you get the publication. Then the first thing you can do is ruin someone's year by publishing the fruits of their hard work before they do. They are screwed and you take the novel direction over. But for real IP, in the US if you publish something you get a year to patent it. In many other places you have to patent it before you publish. So if you get their info before they have published it yet you can file the patent first.
  - pkaye 6y ago
    > But for real IP, in the US if you publish something you get a year to patent it. In many other places you have to patent it before you publish. So if you get their info before they have published it yet you can file the patent first. The US used to be first-to-invent but now its also first-to-file like in the EU countries.
    - redis_mlc 6y ago
      The GP's point was that in the US, you have up to a year of publishing before patenting it, even in 2020. In the EU, you have to file the patent first before publishing. I have to admit it sure sounds like it's the opposite of first-to-file in the US, at least for the first year, but those are the rules.
    - unishark 6y ago
      It certainly seems like a risky situation to get into. I'm sure lawyers would probably always advise you to file first anyway. For one thing you aren't a lawyer so the way you wrote up your publication may only cover an extremely narrow aspect of your invention. But once you publish the invention, others should not be able to patent the idea anymore as there is prior art (your publication) and patents are required to be novel. This leaves you as the only person who can patent it.

komali2 6y ago

But NIH is all published - how can you IP steal? Maybe you get it a year ahead of time I guess?

dominotw 6y ago
direction of research is influenced by people participating in it. Chinese can pursue their own agenda with NIH funding.
unishark 6y ago
If you scoop another researcher then you get the publication. Then the first thing you can do is ruin someone's year by publishing the fruits of their hard work before they do. They are screwed and you take the novel direction over. But for real IP, in the US if you publish something you get a year to patent it. In many other places you have to patent it before you publish. So if you get their info before they have published it yet you can file the patent first.
- pkaye 6y ago
  > But for real IP, in the US if you publish something you get a year to patent it. In many other places you have to patent it before you publish. So if you get their info before they have published it yet you can file the patent first. The US used to be first-to-invent but now its also first-to-file like in the EU countries.
  - redis_mlc 6y ago
    The GP's point was that in the US, you have up to a year of publishing before patenting it, even in 2020. In the EU, you have to file the patent first before publishing. I have to admit it sure sounds like it's the opposite of first-to-file in the US, at least for the first year, but those are the rules.
  - unishark 6y ago
    It certainly seems like a risky situation to get into. I'm sure lawyers would probably always advise you to file first anyway. For one thing you aren't a lawyer so the way you wrote up your publication may only cover an extremely narrow aspect of your invention. But once you publish the invention, others should not be able to patent the idea anymore as there is prior art (your publication) and patents are required to be novel. This leaves you as the only person who can patent it.