Welcome to our blog for Intellectual Property Law and Practice in Latin America!
¡Bienvenidos a nuestro blog de Derecho y Práctica de la Propiedad Intelectual en Latinoamérica!
Bem-vindo ao nosso blog sobre Direito e Prática de Propriedade Intelectual na América Latina!

Thursday, 31 January 2013

Patricia Covarrubia

INPI: patents disseminate information


I read with attention some information posted by the Brazilian Instituto Nacional da Propiedade Industrial (INPI) regarding patents. The news broadcast educates the readers about the justification of patents. While the report is quite short – just a couple of paragraphs, it does indeed mentions the 3 functions of patents i.e. to stimulate inventive activity; to encourage investment (and so recovering the investment) and; to disseminate information.

Yet, the info focus more on the latter one, and this can be perceived by INPI's chocen title – ‘Patents provide fundamental information for research’. Then, it explains that a “patent reveals everything that has been invented and thus, allows to depart from the prior art i.e. no need to reinvent the wheel”.

The reason for my consideration in this [perhaps no so fashionable] information is that I have later on noticed how much we are focusing on the economic rights of a patent. At the moment I am revisiting the specs of the IP module that I run and I am making sure that I do spend a little more time in this issue – not just in the introduction of the course but in every single IP right. For example by reading INPI’s report I learned that 70% of the information that is disclosed in a patent are not to be found in any other source – did you know that?

The full report can be read here.

Patricia Covarrubia

Patricia Covarrubia


Write comments
2 February 2013 at 21:58 delete

Patricia -- Is there any evidence that the information disclosed in patents is consulted and used? We repeat this over and over, but I get the sense that the case for patent documents as sources of information that then facilitates subsequent research is asserted more than demonstrated.

11 February 2013 at 10:42 delete

Interesting statement Ken...actually I have not seen any data (statistics or the like) that shows consultation and/or use...I am sure must be some...somewhere (?)If any of the readers or myself (or even yourself) come accross this, we should bring this into everyone's attention. Thanks.