Procedimento de concessão de patentes: garantia de difusão de conhecimento?

Abstract

The industrial property protection aims to ensure temporary privilege of using to authors of industrial inventions and to stimulate innovative activity, as long as such protection promotes social interest and national economic and technological development, as determined by the Constitution. Referred constitutional requirements impose that the grant of exclusive right is linked to plan premiums, like encouraging innovation process, generate diffusion of technological knowledge and stimulate cycle of permanent generation of inventions. Despite the imposition of plan premiums, it is evident that the process of innovation in Brazil is driven by lack of interest in radical innovation and cost reduction, cash flow, reduced activity of research and development, low cooperation and interaction between business corporations and research institutions, limited investment and low availability of public financial resources. Considering the national peculiarities of reduced research was intended, with this work, verify that the current setting of industrial property allows the diffusion of technological knowledge and fosters the innovation process itself. It was found that the procedures for filing patent enables technological development, it forces the dissemination of tacit and codified knowledge acquired by the applicant to develop the invention, and imposes the presentation of the best way to play it. The period of confidentiality and the deadline for application for examination, in turn, represent barriers to the innovation process, since preclude access to documents submitted to perform the filing of the patent, as well as retard the industrial application of the invention and hence its available to society. Considering the inefficiency generated, it is believed that it is necessary legislative amendments to articles 30 and 33 of Federal Law nº 9.279, of 1997, as described proposals.