Patent and research exemption: Challenges for research capacity and utilization in universities, research institutions and industry in Botswana

This study examined the opinions of a stratified sample of 366 researchers drawn from universities, research institutions and industries in Botswana on the challenges of patent and research exemptions on research capacity and utilization. The study found out the level of patent awareness and intellectual property awareness in the country generally is low (67%), while 69% of the researchers did not understand what the patent system is. Although 36% of the researchers were aware that they could conduct their researches or experiments on patented inventions without infringing on the rights of patentee to their inventions by invoking research exemptions, only 9 percent knew the procedure for invoking research exemption. Also, 77% were of the view that universities and research institutions should be granted research exemptions. The study further revealed that 8 percent of the researchers had applied for patent while 0.5% of the registered patentees in Botswana were locals. The most pressing challenge highlighted by researchers for inability to apply for patent was unawareness of conventions/laws governing patent practices. The study, therefore, recommends immediate knowledge-based interventions by Government of Botswana to create awareness among researchers and the entire population on Intellectual Property Rights within which the patent system falls. In addition, it is strongly recommended that legislation introducing an experimental use exemption should be introduced to encourage research and innovations.