Staying ahead of the game
Heriberto López
Mexico
Heriberto López of Becerril Coca & Becerril explains how patent applications are an essential tool in maintaining a leading market position for your company
Competitive intelligence aims to detect and analyse evidence of changes, trends, reactions, competition strategies, new threats and development opportunities for the strategic planning of any organisation through systematically searching, filtering, classifying, analysing, distributing, comprehending, exploiting and protecting information legally obtained, and ultimately to achieve a constantly updated picture of the competitive scenario.
An important source of relevant strategic information is patent documents, since this is where the most complete and detailed technological information can be found; information which is not usually disclosed by other means. Furthermore, this information is systematically arranged and relatively uniform in the description of the invention due to international requirements for the filing of a patent application.
Once the novelty requirement is satisfied there is then the joint assurance that the information contained in the application is related to cutting edge technology as well as the fact that – at least at the moment of granting – the inventive level and susceptibility of industrial applicability have been fulfilled.
By containing information relevant to both new matter – the invention itself – and known matter – the state of the art – information is disclosed, giving any person with average skill in the art the possibility of carrying out the invention and, by disclosing information regarding the applicant and inventors, it is possible to know the contact person to deal with in order to obtain a licence for exploiting the invention.
Patent documents are deemed to contain between 70 and 80% of all technical information worldwide, and this information is the ideal instrument for planning the development of any industry, regardless of the sector it belongs to, because it is one of the most complete, accessible and updated sources on technological developments.
The information contained in these documents also represents a wide range of possible applications of that information, such as in marketing, strategy planning, risk analysis, and in research and development.
In addition to the direct information provided by patent documents, it is possible to infer further information which may be used for the same purposes as those described above. Based on the knowledge of competitors' research paths, it can be decided whether to continue along these or alternative paths.
Conclusions can be made about the invention's seniority and whether this invention still enjoys legal protection or is in the public domain and can be exploited freely.
Usually, patent information is obtained from free databases from different patent offices such as that offered by LATIPAT. Through this program, developed in 2003, WIPO, EPO, the Spanish Patent and Trademark Office and numerous domestic offices of Latin American countries, provide a comprehensive library of technological information contained in patent documents issued by these offices to the public, both in Spanish and Portuguese. Most of this information is in the public domain and contributes to Latin America's technological and institutional development.
Likewise, the Industrial Property Gazette from the Mexican Institute of Industrial Property publishes the acts of authority and provides information derived from patents in addition to registers, statements of brand recognition, authorisations and publications granted and any other issues regarding industrial property rights.
In the same way, Agreement No 35/2008/3a, established based on Article 9 Section I from the Decree that created the Mexican Institute of Industrial Property, and Article 58 Section III from the Federal Law of State-Owned Enterprises, provide for free public services on the Industrial Property Gazette website, from the Industrial Property Gazette's Information System (SIGA).
SIGA is the official website of the Industrial Property Gazette for distributing, querying and downloading the Gazette. All previous editions of the 136-year-old Gazette are available in PDF format, as well as archives dating back to 1873 on patents, trade marks and litigious affairs.
Therefore, the accessibility offered by the media is a further advantage identifying patents as a perfect means to encourage business development.
Competitive intelligence or industrial espionage?
There has been plenty of discussion – and even confusion – about the differences between competitive intelligence and industrial espionage. However, it is important to make it clear and emphasise that they are two completely different concepts.
As stated above, the activities described for competitive intelligence are legal and do not contravene rights of third parties whatsoever, since such rights have expired or temporary or permanent transfer of such rights is being sought, unlike industrial espionage, which involves illegal activities and often requires disregard for factors such as trust, responsibility, morality and security.
Finally, the information contained in the patent system is valuable for developing business strategies, staying ahead of research and development and validating or denying rumours within the industry regarding new technological progresses. This information also contributes to an effective decision-making process, such as choosing competitive strategies for the success of an organisation. In addition, access to patent-related data banks is increasingly achievable to the public in general.