Would You Patent the Sun?

Have you recently come up with a new invention or technology and are now considering filing a patent application? The famous quote by Dr. Jonas Salk—often called the “Father of the Polio Vaccine”—offers important insights for anyone pondering whether to move forward with a patent. When he said, “Could you patent the sun?” he was asking a fundamental question about the balance between technological monopolies and the public good. Dr. Salk famously chose not to patent his polio vaccine, driven by the belief that “this vaccine is like the sun—something that should be freely available to all of humanity.”

Of course, not every invention or technology should automatically be disclosed freely, as there are practical considerations such as development costs, market competition, and subsequent research that innovators must take into account. In this column, Pine IP Firm—a Korean patent law office—will explore what we can learn from Jonas Salk’s example and how you can formulate a strategic approach if you’re contemplating filing a patent.

‍

Why Do We Need the Patent System?

The Essence of Patent Law

The patent system encourages inventors by granting them exclusive rights for a certain period, in exchange for publicly disclosing details about their innovation.

• Exclusive Rights: An inventor (or the patent holder) can exercise monopoly rights for a certain period to recoup development costs and secure business profits.
• Public Disclosure: Society gains transparency about the invention, fostering further research and development of subsequent technologies.

When Jonas Salk referred to the “sun,” he was using it as a symbol of fundamental value shared by all humanity. In fields like pharmaceuticals, public utilities, or energy—areas of high public value—ethical and social questions often arise: “Is an exclusive monopoly truly necessary?”

Still, this does not mean all inventions must be disclosed without protection. Patents remain a strong driver in sustaining ongoing technological advancement by providing funding and incentives for further research.

Considering a Patent Application? Key Points to Keep in Mind

If you’re just beginning to think about a patent application, you may be wondering, “Should I follow Jonas Salk’s example and forgo patent protection?” or “Should I secure exclusive rights and pursue commercialization?” In reality, most inventors opt to maintain patent rights to maximize business opportunities, yet it’s worth carefully considering a few key factors.

Balancing Market Potential and Public Interest

1. Market Potential
   • Size of the Potential Market: If your invention or technology has substantial market value, obtaining a patent to secure exclusive sales rights can be highly profitable.
   • Competitive Advantage: A patent can prevent imitation by competitors and create significant barriers to market entry.
2. Public Interest
   • Social Contribution: If your invention is a fundamental technology for humanity—or in the pharmaceutical/biotech field directly linked to public health—its public benefit becomes more prominent.
   • Collaboration and Shared Growth: Rather than maintaining complete monopoly, licensing or participating in a patent pool could foster a collaborative ecosystem with broader innovation benefits.

Recouping R&D Costs and Investments

Developing a single invention often requires substantial time, labor, and financial resources. One of the core motivations for seeking a patent is figuring out how to recover these investments.

• Non-Profit vs. For-Profit: Public institutions or university labs may, like Jonas Salk, place higher priority on societal benefit. On the other hand, start-ups and businesses often find it rational to recoup their investments through a temporary market monopoly.
• Long-Term Gains: Aside from directly exercising patent rights, various strategies—such as licensing—can generate ongoing revenue, potentially leading to higher long-term returns.

Follow-Up Research and Derived Technologies

Securing exclusive rights through patents also raises the question of how to leverage that advantage for continued R&D:

• Brand Image: Contributing to the public good can build a positive corporate image, boosting a company’s value and trustworthiness in the long run.
• Promoting Collaborative Research: Partial disclosure or licensing can stimulate partnerships between industry, academia, and research institutes, enabling faster development of derivative technologies.

Practical Ways to Formulate Your Patent Strategy

Jonas Salk’s metaphorical “sun” does not necessarily mean you should walk away from patents altogether. Instead, it prompts us to ask whether certain technologies might be more beneficial to humanity—and even to the inventor—if shared rather than monopolized. If you are currently considering a patent filing, here are some strategic approaches to weigh.

Utilizing Patent Licensing

Even without holding an absolute monopoly, you can recover your investment and enhance social value through licensing agreements.

• Global Partnerships: License your invention or technology to overseas companies or institutions, earn royalties, and expedite widespread adoption.
• Conditional Licensing: For public-interest purposes (e.g., low-income countries, NGO collaborations), you could offer your technology free of charge or at a reduced fee, while applying standard commercial rates elsewhere. This approach allows you to pursue both positive social impact and revenue generation.

Patent Pools and Consortia

A patent pool is formed when multiple patent holders come together to offer collective licensing of their patents.

• Avoiding Redundant R&D: Collaboration can reduce research costs and accelerate the standardization of related technologies.
• Supply Chain Stability: Participating in a patent pool broadens the network of cooperating enterprises, potentially enlarging the market and securing a more stable supply chain.

Preparing for Compulsory Licensing

If the technology is of critical importance to society, there’s a possibility that governments or international organizations may invoke compulsory licensing.

• Being Proactive: In the pharmaceutical sector, for example, government health policies or international agreements (e.g., the TRIPS Agreement) can lead to compulsory licenses. It’s wise to prepare negotiation plans or licensing terms in advance.
• Active Communication: Establish clear channels with government agencies and health authorities to monitor potential policy changes and respond effectively.

The Core Message of “Could You Patent the Sun?”

If you’ve developed an invention and are mulling over a patent filing, interpret Jonas Salk’s words not as a call for a blanket all-or-nothing approach, but rather as an invitation to a nuanced reflection on the broader implications.

1. How Great is the Invention’s Societal Impact?
   • Consider whether it’s crucial for all humanity or confined to a specific market.
2. How Much “Protection” Is Needed for Continued Innovation?
   • Determine how long you might need to maintain a market monopoly to recover investments, or whether sharing the technology could yield greater overall value.
3. Balancing Legal/Policy Risks with Public Interest
   • Pharmaceutical or disaster-response technologies often face public scrutiny or potential government intervention due to their high social importance.
   • Meanwhile, consumer goods, software, and hardware are more commonly commercialized via patent protection to maximize profits during the protected period.

What You Can Learn from Jonas Salk’s Example

Jonas Salk’s decision not to patent the polio vaccine was rooted in his conviction that the vaccine was, like the sun, indispensable to humanity. However, not every invention reaches that level of universal public value. From the perspective of inventors or companies, patent protection is a means to recoup investments and secure funding for continued innovation. It’s also worth noting that licensing agreements, patent pools, or other creative strategies can achieve both social good and appropriate returns.

Ultimately, whether to file for a patent or to share the technology depends on the nature of the invention, its market potential, and its impact on the public interest. During this process, strive to find a strategy that aligns the invention’s value, business viability, and its contribution to society in a balanced way.

Conclusion

If you’ve achieved a groundbreaking invention, it’s entirely valid to weigh public interest à la Jonas Salk, or to maximize business opportunities through patent protection. Patent rights are about more than just “monopoly.” Used wisely, a patent can foster not only exclusivity but also licensing partnerships and broader collaboration, thereby driving a larger innovation ecosystem forward.

In light of the question, “Could you patent the sun?” we hope you’ll reflect on the unique value and goals of your invention. From all of us at Pine IP Firm, we wish you success in finding the patent strategy that best serves both your interests and the wider community.

‍