UAEM - Licensing and patenting practices of UK research institutions 2019-2020

Sarai Keestra made this Freedom of Information request to University of Leeds

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Dear University of Leeds,

We have previously sent FOI requests asking for information about the licensing practices of UK universities. This was concerning the time period 18th October 2018 to 18th October 2019. We are now looking to update the information for the following year, 19th October 2019 to 19th October 2020.
The updated request is listed below:

For the purpose of clarity, please adhere to the following definitions when answering these questions:
Definitions

Low and middle income country: A country that is defined as ‘low’, ‘lower-middle’ and ‘upper-middle’ income by the World Bank for the year 2018. Income status defined by GNI per capita.
Source: World bank, available online [https://tinyurl.com/y5dwc2qv]

A patent grants an inventor the exclusive rights to his or her invention. A patent holder can stop other people from selling, manufacturing, producing, or using the invention for a certain period of time.
Source: Upcouncil, available online [https://www.upcounsel.com/what-is-a-pate...

Licence: Permission for the licensee to use the intellectual property rights
Source: TaylorWessing, available online [https://www.taylorwessing.com/download/a...

Exclusive Licence: A licence that allows only the named licensee to exploit the relevant IP rights, the licensor is also excluded from exploiting these IP rights.

Non-Exclusive Licence: A licence that grants any number of licensees to exploit the IP.
Source: TaylorWessing, available online [https://www.taylorwessing.com/synapse/co...

Health Technology: ‘Health technology as defined by the WHO: “A health technology is the application of organized knowledge and skills in the form of devices, medicines, vaccines, procedures and systems developed to solve a health problem and improve quality of lives.’
Source: WHO, available online [https://www.who.int/health-technology-as...

START FOI request:

Q1. Has the university committed to licensing its medical discoveries in ways that promote access and affordability in Low- and Middle- Income Countries? If yes, please provide a link or PDF to the relevant policy document.

Q2. Please provide an Excel spreadsheet with headings as displayed below with all the health technologies LICENSED by the university in the period 19th October 2019 to 19th October 2020 AND specify which countries they were licensed in AND specify whether they are exclusive or non-exclusive licenses.
Health Technology Licensed | Country of Licensing | Type of License (Exclusive or Non-Exclusive)

Q3. Please provide a list of patents granted to your organization in the period 19th October 2019 to 19th October 2020, listed by patent family, indicating countries/regions in which the patent has been granted.

Q4. In the period 19th October 2019 to 19th October 2020, has the university shared its best practices for promoting access to medicines through non-exclusive licensing by carrying out any of the following activities?

❏ Contributed sample clauses to the AUTM Global Health Toolkit
❏ Published an article, guidance, or other literature on access licensing practices
❏ Formally presented on access licensing practices at an academic or professional event, or at another university
❏ Informally shared or discussed access licensing practices with administrators at other universities
❏ Other
❏ None
(Tick as appropriate)

Q5. What actions has the technology transfer office (TTO) undertaken in the period 19th October 2019 to 19th October 2020 to improve access to the technologies they license in low-and middle-income settings?
END FOI request.
If you have any questions please do not hesitate to contact me by email.

Yours faithfully,

Sarai Keestra

Freedom of Information, University of Leeds

Dear Sarai Keestra,

Freedom of Information request reference K/20/456

Thank you for your Freedom of Information (FOI) request dated 6 November 2020. Your request has been allocated the reference number K/20/456. Please include this number in all further correspondence related to your enquiry.

The University of Leeds aims to respond to all FOI requests within 20-working days of receipt. Should this timeframe change, we will write to provide you with an update as soon as possible.

If you have any questions about your request, please contact us at [University of Leeds request email]

Yours sincerely

Chloe Wilkins
Freedom of Information Officer

Secretariat
University of Leeds

show quoted sections

Freedom of Information, University of Leeds

Dear Sarai Keestra,

 

Freedom of Information Response (Our Ref: K/20/456)

 

Thank you for your Freedom of Information (FOI) request dated 6 November
2020, reference K/20/456.

 

Your request read:

 

“We have previously sent FOI requests asking for information about the
licensing practices of UK universities. This was concerning the time
period 18th October 2018 to 18th October 2019. We are now looking to
update the information for the following year, 19th October 2019 to 19th
October 2020.

 

The updated request is listed below:

 

For the purpose of clarity, please adhere to the following definitions
when answering these questions:

 

Definitions

 

Low and middle income country: A country that is defined as ‘low’,
‘lower-middle’ and ‘upper-middle’ income by the World Bank for the year
2018. Income status defined by GNI per capita.

 

Source: World bank, available online [https://tinyurl.com/y5dwc2qv]

 

A patent grants an inventor the exclusive rights to his or her invention.
A patent holder can stop other people from selling, manufacturing,
producing, or using the invention for a certain period of time.

 

Source: Upcouncil, available online
[https://www.upcounsel.com/what-is-a-pate...

 

Licence: Permission for the licensee to use the intellectual property
rights

 

Source: TaylorWessing, available online
[https://www.taylorwessing.com/download/a...

 

Exclusive Licence: A licence that allows only the named licensee to
exploit the relevant IP rights, the licensor is also excluded from
exploiting these IP rights.

 

Non-Exclusive Licence: A licence that grants any number of licensees to
exploit the IP.

 

Source: TaylorWessing, available online
[https://www.taylorwessing.com/synapse/co...

 

Health Technology: ‘Health technology as defined by the WHO: “A health
technology is the application of organized knowledge and skills in the
form of devices, medicines, vaccines, procedures and systems developed to
solve a health problem and improve quality of lives.’

 

Source: WHO, available online
[https://www.who.int/health-technology-as...

 

 

 

START FOI request:

 

Q1. Has the university committed to licensing its medical discoveries in
ways that promote access and affordability in Low- and Middle- Income
Countries? If yes, please provide a link or PDF to the relevant policy
document.

 

Q2. Please provide an Excel spreadsheet with headings as displayed below
with all the health technologies LICENSED by the university in the period
19th October 2019 to 19th October 2020 AND specify which countries they
were licensed in AND specify whether they are exclusive or non-exclusive
licenses.

 

Health Technology Licensed | Country of Licensing | Type of License
(Exclusive or Non-Exclusive)

 

Q3. Please provide a list of patents granted to your organization in the
period 19th October 2019 to 19th October 2020, listed by patent family,
indicating countries/regions in which the patent has been granted.

 

Q4. In the period 19th October 2019 to 19th October 2020, has the
university shared its best practices for promoting access to medicines
through non-exclusive licensing by carrying out any of the following
activities?

 

❏ Contributed sample clauses to the AUTM Global Health Toolkit

 

❏ Published an article, guidance, or other literature on access licensing
practices

 

❏ Formally presented on access licensing practices at an academic or
professional event, or at another university

 

❏ Informally shared or discussed access licensing practices with
administrators at other universities

 

❏ Other

 

❏ None

 

(Tick as appropriate)

 

Q5. What actions has the technology transfer office (TTO) undertaken in
the period 19th October 2019 to 19th October 2020 to improve access to the
technologies they license in low-and middle-income settings?

 

END FOI request.”

 

 

The University of Leeds may hold some of this information.

 

As you have set out in your email, your organisation has previously
requested this information from the University of Leeds in October 2018.
We responded to you and refused the request under the terms of section
12(1) of the FOI Act due to the amount of time which would be required to
locate and retrieve the information you requested. Your organisation
submitted a very similar request in February 2020, which was identical but
for the fact that question five (from your original October 2018 request)
had been removed.

 

We have reviewed your new request and compared it to that which was
submitted in February 2020. We note that you have reinstated question
five, and that the timeframe for your request has been updated. However,
in all other respects your request is the same. In response to your
October 2018 request, we advised that no information regarding question
five is held. In February 2020, we advised that we are unable to respond
to your request within the appropriate limit set out at section 12(1) of
the FOI Act, for the same reasons as those set out in our October 2018
response. However, we hope that the following, additional information is
helpful to you.

 

The information you have requested at parts two and three of your request
is not centrally collated. Therefore, each school/faculty/department
(varying on a case-by-case basis) would need to examine their individual
records in order to identify and locate any information which potentially
falls within the scope of your enquiry. Because there is no central record
of this information, there are no means by which searches could be
targeted. As such, it is not possible for us to provide an estimate of how
long this would take.

 

In the hope that it is helpful, we can advise that information regarding
patents can be found [1]online via the gov.uk website. From here, you can
find information on worldwide patents, as well as patents held within the
United Kingdom. This information may serve to resolve part three of your
request. In relation to part two of your request, we may be able to
provide further information if you were to substantially limit the scope
of your request, e.g. by reducing the timeframe.

 

We hope this information is helpful. If you have any questions about this
email, however, please do not hesitate to contact us on [2][University of Leeds request email]

 

If you are unhappy with the service you have received in relation to your
request and wish to make a complaint or request a review of our decision,
you can request an Internal Review. Requests for Internal Review should be
made in writing using the following contact information:

 

Post:               Mr D Wardle

Deputy Secretary

The University of Leeds

Leeds

LS2 9JT

 

Email:             [3][University of Leeds request email]

 

Requests for Internal Review should be submitted within 40 working days of
receiving the University’s response to your request. Further information
about how the University manages Freedom of Information requests and about
our complaints procedure is also available on our website
(www.leeds.ac.uk).

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision.  Generally, the ICO cannot make a decision unless you have
exhausted the review/complaints procedure provided by the University.  The
Information Commissioner can be contacted at:  Information Commissioner’s
Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

 

Kind regards

 

Chloe Wilkins

Freedom of Information Officer

 

Secretariat

University of Leeds

 

 

References

Visible links
1. https://www.gov.uk/search-for-patent
2. mailto:[University of Leeds request email]
3. mailto:[University of Leeds request email]