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InnovationApril 9, 2007 / Number 12A way of lifeBy Antonio Zárate
Every time someone asks me if it is worthwhile investing time, effort, and money in patenting an innovation, I suggest that he/she read the story of the invention of the telephone. Most people think that the father of this invention is Alexander Graham Bell. The reason is very simple; he was the first to obtain a patent. Very few know that the US Patent Office received two similar applications on February 14, 1876. The first one was from Graham Bell, who applied for a patent under his name for a device that transmitted voices and sounds. The second came from Professor Elisha Gray, who applied for a caveat (a notice of intent to perfect his ideas and file a patent application within three months) for a similar invention. In the end, Graham Bell went into history as the inventor of the telephone. The decisive factor was timing - he got to the Patent Office first. No one showed any interest in knowing which of the two innovations was better. On the other hand, we have Antonio Meucci, the creator of the first mechanical telephone in 1854. After perfecting his invention, he applied for a caveat, in New York, for a "teletrophone." He was supposed to pay 10 dollars each year to renew the registration, but he was unable to pay that fee in 1874 and thus lost his legal rights on the invention. It was not until June 11, 2002 that the US Congress issued a resolution recognizing Meucci as the inventor of the telephone. How many of us can afford the luxury of waiting for history to set things right? In Nuevo Leon, particularly in Monterrey, the topic of patents is compulsory. Public and private organisms are working together to communicate the value of intellectual property in all sectors. This is linked to one of our priorities as International City of Knowledge, the strengthening of the link between universities and businesses to develop innovations that respond to specific needs of the market, since they are the ones having great potential for success.
Patents are Vital to Stay in the GamePatents not only guarantee protection and exclusivity, but are also an incentive that recognizes the creativity and inventiveness of businesses and individuals. Many procrastinate and think, "I can do it later." But, when dealing with patents, every minute counts. Those who get there first and satisfy the requirements, gain 20 years of protection. There is no valid excuse for going into the market without the protection of a patent. If there is something that abounds, it is information. The official site of the Mexican Institute of Intellectual Property (www.impi.gob.mx) has a section about this topic, which includes electronic formats of all the documents as well as instructions on how to fill them out. Those without Internet access may visit the IMPI's Office for the Northern Region, which offers all the necessary support to process a patent application: receiving of the application, Form Exam, Publication, Content Exam, and notification of the resolution. "We guide them through the process because it may take up to five years", said Mayra Núñez-Vázquez, Director of the Office for the Northern Region, an agency that serves Nuevo Leon, Coahuila, Tamaulipas, Durango, and Chihuahua. She added that they offer legal consultancy and training services free of charge in order to provide comprehensive guidance. This office also offers training to universities, technological institutes, businesses, incubators, entrepreneur programs, and independent researchers. "We support entrepreneur and business incubation programs because it is through them that innovation is generated, which must be protected before going into the market", said Núñez-Vázquez. She added that the IMPI is interested in maintaining contact with students because they are the users of the future. The objective is to sensitize them so that they include the processing of patents as they make their business plan. Luis Cárdenas-Franco, Deputy Director of Operations for the Monterrey, International City of Knowledge Program, states that the culture of protecting innovations is gaining more and more followers in Nuevo Leon. IMPI's statistics show that the number of patent applications in the state has grown every year since 2003. Taking into account the data from the last decade - without including 2006 because the numbers were not available - 2005 was the best year, with 73 applications, which accounted for 12.5% of the nation's total. "This trend is the result of the consultancy and training services offered through various fronts in the private and public sectors", expressed Cárdenas-Franco. One of our strategies is to offer TRIZ workshops, which promote the generation of patentable ideas", he added. 38 researchers from 25 companies and 28 researchers from the universities participated in the four courses offered in 2006. Beginning this year, the International City of Knowledge will work in coordination with the IMPI's Regional Office to offer courses on patents. The first one will take place on April 24. Even though there has been significant progress, there is still a lot to do. For example, in 2006, the IMPI received 15,500 applications, but only 574 were of national origin. The majority of them (8,159) corresponded to the United States. A basic aspect is that businesses, organisms, institutions and independent innovators learn to use the specialized databases. "It's important that they do it before starting a new development. Otherwise, they run the risk of investing time and money in a product or process that already exists, or is even patented", said Núñez-Vázquez. If someone develops an innovation that is already patented in another country, but not in Mexico, he/she may market it in the national market. The problem is that it is not patentable because it is not a world novelty.
"We are trying to close the gap so that all products that go into the market do so already protected, especially because a patent is a negotiation tool that offers confidence to investors", stated Núñez-Vázquez.
NEURONS IN ACTIONAdding Value to Your Company by Protecting Your Innovations Eduardo Ruiz-Esparza, General Director of IDZ, The RFID Native Corporation, is convinced that patents add value to a company regardless of its size. With slightly more than two years in the market and a workforce of 75 people, this company has registered four developments in the United States and six more are in the process of obtaining the preliminary protection granted by the United States Patent and Trademark Office (USPTO) before assigning a patent. "We are a very young company to have the final patent, but we already went through the auscultation and comparison period for four of our developments. They are protected since 2006, only the validation process remains, which requires more time," explained Ruiz-Esparza. He added that they applied for the first patents in the United States because that is the market they are more interested in and where they could face competition at their level. They will begin the process at a later time in Germany and France. "We will also do it in Mexico, but beginning the process here was not a priority because it is not likely that we will face competition with our focus in the near future," pointed out the executive. IDZ patents novel functions for automatic ID systems. One of them, data storage and retrieving technology, is based on Radio Frequency Identification (RFID). "We are talking about complete solutions involving the use of hardware and software to optimize logistics and manufacturing operations," said Ruiz-Esparza. This company has trademarks that reflect the concept of their service and complement the patents. "One of them is IDZ, The RFID Native Corporation, something nobody had done anywhere in the world," he explained. Ruiz-Esparza admits that patenting costs are high because legal assistance and months of work are required. "The important thing is that shareholders are aware of the value offered by patents."
FUTURE EVENTSAPRIL 12, 18, 23 & 25 ABRIL 24-27
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