Patent Information
INTRODUCTION
There is an important information resource that is freely available, the patent information, which is easily accessible across different digital platforms based on the Internet, enabling a stimulus to creativity that can motivate new innovations (Maravilhas, 2009; Maravilhas & Borges, 2009).
Repositories of patent information, in the form of databases and digital libraries, are a major source of scientific and technical information[i]. There are about 70 million published patent documents worldwide, most of them containing information not available anywhere else (Albrecht et al., 2010; Bregonje, 2005; Greif, 1987; Marcovitch, 1983). Even the information that can also be found in other documents, such as scientific papers, technical reports, conference proceedings, and dissertations, it is not described with the same degree of detail and they take longer to reach the public.
In addition, approximately 2.2 million new documents are created every year (Mueller & Nyfeler, 2011, p. 384) and their publication allows public consultation even before protection is granted.
Over 30% of patents are in the public domain (they have reached the time limit for protection, or for non-payment of annual fees), or are not being exploited due to lack of funding or technical incapacity of the holder (Godinho, 2003; Idris, 2003; Maia, 1996).Some examples of its use to stimulate creativity and improve innovation will be given, allowing organizations that use it wisely to obtain competitive advantages.
PATENT INFORMATION
Regarding thetechnical informationcontained inpatent documents, through their consultation, researchers, scientistsorentrepreneurs, can withdrawpreciousideasabout the stateof the artin anyfield of science and technology (Maravilhas & Borges, 2011a, 2011b).
ForIdris (2003), the main reason for patent informationanalysis is related to the updated informationcontained inpatent documents that can help avoiderroneousinvestmentsconcerning the possibilityof duplicatingresearch workalreadydone byothers.
Theinsufficient useofpatent informationhas causeda significant waste offunds investedinR&Dprogramswhoseexistenceis threatened by thereturn on investment ofpatented technology. Accordingto estimates, European industrywastesbetween 20 to 32billionEurosannually (Brünger-Weilandt et al., 2011; Ribeiro, 2007), primarilymotivatedby the lack ofpatent information, resulting in a duplication with the reinventionofexisting inventions, andredevelopingproductsalready availableon the marketthat couldeasily have beenidentified if patent information was consulted.
In certain circumstances,it is possible touse patent information to develop new productsand processes, as long as theresultingnew inventiondoes not infringethe patents that already exist. Thisisa perfectlylegitimate andone of themost importantjustifications forthe existenceof the patent system (Idris, 2003, p. 88).
The advantage of consulting the technical information is that it encourages creativity and innovation by turning inventions into innovations (Maravilhas, 2009). Either by using patented technologies that are not being exploited; by finding ways to integrate these inventions in the business plan of a company for further development; encouraging the creation of companies to exploit these inventions; identifying technologies and finding those who want to produce them; or selling ready-made solutions or compounds to be included in finished products (Maravilhas & Borges, 2009).
Patent information is not the only source of information that can stimulate innovation but it is one of the most important ones. This is mainly due to its detail, depth, timeliness and coverage, constituents (description, schematics, drawings, charts), analysis of the state of the art, external inputs of experts that complement and enrich the document (patent examiners and their research reports), among others.
This source of information covers all technical and scientific activities of human knowledge and is encoded to allow its easy recovery and utilization. It nurtures insights not only from the scientific area in which we are investigating, but also of complementary areas that can increase the value of the solution developed. It can also be used for other applications not initially considered and solve other problems from intermediate crossover areas between scientific disciplines.
It also improves the time necessary to introduce new products to markets, lowers costs associated with R&D and monetize the installed capacity in some industries or scientific activities (Maravilhas, 2009).
Searching this information will allow the finding of certaininventions forfree exploration, withoutthe obligation to payany licenseif the patentis inthe public domainand freeto use. Such is the caseof generic drugswhich arethe free useof active substances thathave reached their limit of protectionand are freeto be explored, what hasbeendone successfullybyseveralnational and international companies.
Origin and sources
Toobtainpatent protection, the applicant mustformalizean application with the Patent and Trademark Office (PTO) of his country or othersupranationaloffice such as the European Patent Office (EPO)or the World Intellectual Property Organization (WIPO). It is also necessary to reveal a full descriptionof the detailsof the invention, together with a series ofclaimsthatare the coreof the invention itselfand the matterto which legal protection is required (Ulrich & Eppinger, 2012).
During theprocess ofregistration andgrant of a patent, theofficialentitieslike the United States Patent and Trademark Office (USPTO), EPO orWIPO (if protectionvia Patent Cooperation Treaty – PCT - is required), will generateone or more legal documentsthat are calledpatent literature. These documents containinformation thatis referred to aspatent information.
After the publicationof the patent application, typically 12 to 18months afterit has been enteredin the respectiveoffice, this informationbecomespublicly availableto those whowish to consult it.
In exchange for the protectionby a patent grantedfor yourinventionfor 20 years, the information concerning theinventionwillbein the public domainand these inventionsmaybe made by third partiesfor research purposes. The purposeof this disclosureis intended tocatalyze inventive activity, making possiblethe advancement of technologythatwould otherwisestill bekept secret.
One of theconditions allowing a patentto be assignedis thatthe information in thepatent applicationissodetailedthat aperson skilled in theart, the area in question, is capableofrunningherowninvention(product or process) being able to duplicate it. Thepatent documentnot onlydescribesthe inventionnecessarilycapable of industrial application, but alsothe scopeof protectionintended,if therespectivepatentis obtained.
State-of-the-art in Science and Technology
Much of theinformation contained inpatent documentsis notpublishedanywhere else, making it a source of informationessentialto meet the needs for newtechnical information (Bregonje, 2005; Greif, 1987; Marcovitch, 1983).
Patent literature isthe major source oftechnological informationavailableworldwide, thus constitutingthe largest repository oftechnical knowledgepossessing a huge monetary value.
The revelationof the secretscontained in thetechnicaldocumentationresulting from apatent applicationdisclosesvaluable informationto the publicabout the stateof the artin a given area, thuspromoting, through thisknowledge, technological development (Maravilhas & Borges, 2009).
Every time a research programisinitiated it is advisable toresearchallthe scientific and technological work already donein the area (Naetebusch, Schoeppel, & Fichtner, 1994; SchoeppelNaetebusch, 1995). Moreover, it is always worth to go back some years in the searchto get to knowmany ofthe ideas containedinpatent documentswhoselegal validityhas expired. They could containvaluableinventionsortechnical informationwhich, at the time they were made, werequiteahead of theirtime and, therefore, had no means of effectively being carried out, or for whichconsumers were notyet ready toappreciate andgive due value (Marcovitch, 1983, p. 492). Currently, they can be regarded as an opportunity worth exploiting, taking advantage of recent technical developments andcurrent knowledge and, hopefully, becomeextremely profitable.
Solving problems
According to Marcus (1995), the patent information, in addition to providing an excellent source of information for generating ideas, also has the advantage of being a source of inspiration when it is necessary to find a creative solution to assist in solving problems of technological nature.
Drucker (1987) refers to several representative examples of using an invention for applications other than that which was initially intended. Drugs developed to solve human problems eventually can be adapted to solve problems for veterinary; the creation of DDT during World War II to protect American soldiers against tropical parasites was later widely used in agriculture to protect crops and cattle; 3M® developed several products for industry and only much later realized that they could be used to solve domestic problems with minor changes and improvements, as the case of Scotch Tape® and Post it®.
The Teflon®, from DuPont®, invented in 1938 and marketed since 1946, is waterproof and is the material with the lowest known friction coefficient. Widely used in aircraft wings to improve aerodynamics and prevent waste to accumulate (Drucker, 1987; Lattès, 1992), its advantages can be applied in another area of activity that requires these no sticking qualities: the kitchen. DuPont® started putting this coating into pans, preventing food cling during making. When the patent expired, the technology was free to be used, leveraging competition with this knowledge and this extra advantage without any costs, like companies such as Tefal® did.
Ideas and opportunities for Businesses
Organizations need information to enable them toinnovateand gaincompetitive advantagesin the marketsin which they operate. Getting thelatest and greatesttechnologieshas motivatedthe search forinformation thatwould maintainthe productivity, competitiveness, superiority andstatustowardsadversaries andcompetitors (Burgelman, Christensen, & Wheelwright, 2009; Christensen, Anthony, & Roth, 2004).
Based on theknowledge of theexistence of some invention, interested parties mayinitiatelicensing contractsfor the exploitationof these technologies[ii]in certain geographic areasormarketswhere they havebetterpenetration capabilitythanthe patent holder (Maravilhas, 2009).
In terms ofmarket analysisand competition, if we developtechnologicalsurveillanceandcompetitive intelligence, patentinformationcan providemanysurprising cluesthat mightshare a light onthe competition strategies, new trends, new productsortechnological improvementsmadeto existing products (Ashton & Klavans, 1997; Ojala, 1989; R. Wilson, 1987a, 1987b).
Marcus (1995, p. 70) says that beyond the obvious parameters that can be found in the patent information - such as the name of the inventor, patent holder, priority dates, patent family, among other aspects - the researcher can use his imagination to find a huge variety of commercially valuable information, such as: i) ability to find or identify potential customers or business partners; ii) provide supporting information to a business meeting; iii) identify trends in R&D, new technologies and new products; iv) identify trends and movements between companies; v) facilitate technology transfer or licensing; vi) prevent duplication of research projects, avoiding the unintentional copy; vii) identify experts in a specific field of technology or scientific area; viii) establish new applications and uses for existing technologies and products[iii]; ix) find solutions to technical problems; x) support the generation of ideas for new products or processes; xi) identify trends in Marketing; xii) establish the expiration date of a patent that will allow the free use of the invention; xiii) identify potential competitors; xiv) monitor the activities of competitors; xv) establish the state of the art in a certain scientific or technological area.
All this possibilities may trigger a business opportunity profitable for a company.
The assiduous consultation of information sources, which include patent information together with all that is new and relevant in the scientific areas in question, and even complementary scientific areas, may allow a bank of knowledge that awakens a response when confronted with a technical or scientific problem to overcome. Also, if others before have had the same problem and succeeded, people can benefit from this knowledge and find a better way to overcome difficulties (Maravilhas & Borges, 2011a). It may happen that from the existing knowledge we can find a better solution.
Future research directions
Future projects consider not only the translation of the essential information of the patent documents for English, French, Spanish and German, but also making the search process more user friendly by allowing to search within human indexed keywords, by means of a thesaurus, avoiding the need to know chemical compounds or substances’ name, which is not so easy for beginners (Cavalier, 2001; Dulken, 2000; Kovac, 2010; Oda, 2009; Wang, 2009).
All these measures aim to improve the number of people that effectively search patent information with benefits for the whole society.
Conclusion
Patent information, contained in patent documents, must be of high quality to permit the search and retrieval of the documents needed to solve a problem or stimulate new ideas and solutions (Albrecht et al., 2010; Brünger-Weilandt et al., 2011; Chakroun, 2012; Ginman, 1990). Old inventions can generate new ideas, inventions never marketed can be brought to market and satisfy needs and desires; inventions for one application can be introduced for a new domain and technologies can be applied in ecological sustainable solutions with ‘green’ products.
It also allows to identify the technical fields where competitors are more active; the leading countries and companies for each technology and the patenting patterns followed in a certain period of time; the technological trends and the state of the art of a given technology; the number of citations a patent document has; the inventor and the owner of the invention, amongst other relevant information (Idris, 2003; MacedoBarbosa, 2000; Maia, 1996; Maravilhas, 2009).
Several measures are being taken by the patent offices to improve the quality of the information retrieved by the public. Standards are applied to warrant the quality and validity of the documents and its content, and audits are performed to correct possible gaps. Some value-added information is supplied by the commercial databases like DWPI and STN (Albrecht et al., 2010). That procedure could be followed by the intellectual property offices in order to facilitate and improve the use of this information and the results it promotes in the form of new patent applications and the introduction of new innovations.
Due to the huge amount of documents from China, Russia, India, Korea and other Asian countries, machine translation and semantic ranks of documents are being used (Cavalier, 2001; Dulken, 2000; Kovac, 2010; Oda, 2009).
Further research should allow to measure if all those strategies implemented are improving the value and quality of the information available to the public, measurable by the number of citations in the new patent filings.
In the end, the quality and value of this information will be dependent on the user and related to the results that it will allow to obtain, solving a problem or improving a solution, always integrated on its context and present needs.
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