2.2. Protection of creative inventions and dissemination of knowledge - the two objectives of the patent system
The patent system thus provides protection for inventions that have a strong commercial potential for industry and at the same time are valuable for scientific and technological progress. The mandatory publication of the patent application (after 18 months in EU member states) ensures dissemination of information on important technological inventions, in particular those from the industrial sector, which might have been kept secret otherwise. The publication delay is considered acceptable in view of the implications of the alternative "secrecy" strategy, which would result in a complete failure of publication to occur. Thus while patenting may lead to a delay in publication, it does avoid the complete failure to publish the results of scientific research.
2.3. The role of patents for commercialisation of publicly funded research
Since the 1970's, the public research sector has been using the "patent strategy" to support commercialisation of the results of their research through contract research, licensing and the creation of spin-off companies. Public policies, in particular in the US and, recently, also in European member states, have supported commercialisation of publicly funded research results by creating a favourable regulatory environment and suitable infrastructure. For example, partners in research and development (RTD) projects funded through the multi-annual Framework Programmes of the European Communities, may, in exceptional circumstances, acquire exclusive exploitation rights to the results of their research in view of the high market risk and large investment necessary to achieve (successful) commercialisation. Research partners in these publicly funded programmes also have the obligation to protect and/or to make use of the results of their research. Similar rules apply for national RTD programmes in most EU Member States.