MEXICAN INSTITUTE OF MEXICAN INSTITUTE OF INDUSTRIAL PROPERTYINDUSTRIAL PROPERTY

MRS. ANGELICA ELIA SILIS REYES Coordinator of the

Technological Information Centre

November 2009

INNOVATIONINNOVATION

Is one of the elements that are determinants for the exit of an enterprise, and makes it obtain more benefits by the process of innovation, if it considers the benefits that are involved in the Intellectual Property Rights (IPR’s).

The tools that offers the IPR´s system make easier the process of taking to the commerce the innovate technology, by one side, reducing the risks and by the other increasing the competitiveness of the enterprise.

The Technological Innovation

The IPR´s are around us, just with the creativity and the inventive step of the humans. Each product or service that we use daily as the result of a large chain of innovations.

The IPR´s in our lifeThe IPR´s in our life

The intellectual property is in all the steps of the

innovation process.

The Patent Information

Intellectual Property Rights are an important driver of innovation and productivity in a knowledge-based economy. In particular, IPR’s in the form of patents may also be a valuable source of technical and scientific information and ideas on how to address environmental and health and safety concerns associated with industrial activity.

In the network age, many small and medium-sized enterprises, researchers, and government agencies concerned with resource development, have not taken full advantage of this unique and valuable source of information.

The Patent information

In a knowledge-driven economy, effective use of patent information is a contributor to the success of any enterprise, big or small, as patent document collections have an unmatched wealth of detailed and practically-oriented business, legal and technical information compared with any other types of business, legal, scientific or technical publications around the world.

Patent information is more than just technological or legal information. When developing a new product, comparative technological information may determine the success or failure of the product and, in turn, the success or failure of the company itself.

What has done Mexico for a good use of IP resources

BACKGROUNDBACKGROUND

• The Mexican Institute of Industrial Property was created, by a Presidential Decree, on December 10th, 1993; as a decentralized entity from Mexico’s Federal Administration, with its own legal personality and budget.

• IMPI was entrusted with the task of managing the Industrial Property System in Mexico.

IMPI’s premises in Mexico CityIMPI’s premises in Mexico City

Northern Regional Office

Western Regional

Office

Southeastern Regional Office“Bajío” Regional Office

Center Regional Office

REGIONAL OFFICESREGIONAL OFFICES

ServicesServices Western Western (April 2000)*(April 2000)*

Northern Northern (November (November

2000)*2000)*

Southeastern Southeastern (March (March 2002)*2002)*

BajíoBajío(August (August 2002)*2002)*

CenterCenter(2007)*(2007)*

TotalTotal

Invention applications

received2,123 2,041 378 1,328 5,870

Distinctive sign

applications received

47,349 31,676 7,581 17,124 103,730

Promotion activities 1,049 1,179 769 855 176 4,028

REGIONAL OFFICESREGIONAL OFFICES

* Figures from its opening until December 2008

• IMPI provides a “Technical Information Search“ service, oriented towards providing information to the users that are seeking to protect their technological developments.

• This service allows them to know the state of the art of the technology that has been published, as well as to identify a possible barrier to obtain a registration or to grant a patent.

Technical Information SearchesTechnical Information Searches1994-2008 = 21,4261994-2008 = 21,426

TECHNOLOGICAL INFORMATION SERVICESTECHNOLOGICAL INFORMATION SERVICES

Figures: December 2008

On 2004, IMPI launched a project to establish industrial property offices, also called Patenting Centers. These offices are being located within Universities, Research Centres and Industrial Chambers, to guide researchers, businessmen, professors and their associates, on the proceedings to protect and register IPR’s at IMPI.

More than 31 Patenting Centers have been established nationwide.• 7 of them located in Mexico City and the Estado de México.• 24 of them located in the states covered by IMPI’s Regional Offices. This project is being evaluated to be considered as grounds for the creation of Technology Transfer Offices (TTO’s), foreseen in the Science, Technology and Innovation Act which is being studied by the Congress.

PATENTING CENTERSPATENTING CENTERS

PATENTING CENTER OBJECTIVESPATENTING CENTER OBJECTIVES

a) Offer Intellectual Property advisory about inventions.

b) Help inventors to redact patent applications and to carry on all the paperwork.

c) Improve Technology Transfer activities at the institution or organization holding a Patenting Center.

d) Promote Intellectual Property culture through conferences, seminars, talks and related courses.

e) Increase the patent and trademark registration.

f) Take innovation culture to those places not covered by IMPI Regional Offices or the Secretary of Economy Delegations.

g) Use patent databases as innovation tools.

They are created to....

INFRASTRUCTUREINFRASTRUCTURE

Financing: Patenting Centers are managed and supported by the institution or organization holding it.

Localization: Most of the centers selected an area inside a library or a similar place so all the technical information can be easily reached.

Place and Furniture: The places have at least 12 square meters and 2 computers with internet.

Technical Information: Through the internet interested people have access to the main free patent databases and are able to download IMPI official formats. Gazettes and Documental Archives are also available according to a previous signed agreement.

Human Resources: Patenting Center people receive intellectual property training including redaction of patent applications and IMPI formats filling.

OFFERED SERVICESOFFERED SERVICES

a) Intellectual Property Advisory.

b) Help inventors with the carry on of all the paperwork and the presentation of patent applications.

c) Searching assistance and training.

d) Direct access to the Documental Archives of the Technological Information Center (CIT).

e) Updated Intellectual Property information.

f) Information about all the IMPI services.

g) Technical and Intellectual Property assistance for business incubators so projects can be properly evaluated.

h) Technology Transfer Services.

Some reasons for making activities:PCT Applications as an Information Source

So far, around the world some 40 million patents have been published, in all possible technical fields; and one million patent documents are added every year.

Growth rates in the filing of PCT applications have been particularly dynamic over the last nine years. It took 18 years from the beginning of PCT operations in 1978 to reach 250,000 total applications.

International patent filings under WIPO’s Patent Cooperation Treaty (PCT) grew by 2.4% in 2008, to nearly 164,000.

The largest number of applications received from developing countries came from the Republic of Korea (7,908) and China (6,089) followed by India (766), Brazil (451), South Africa (382), Turkey (367), Mexico (210), and Malaysia (177).

International filing year

Website for SME´s

“A knowledge-based economy will empower people,”

• It’s people producing and absorbing knowledge and people creating and using technology that will add value to Mexican economy.

• In China, the State Council approved, in 2006, a 20-year “outline” for science and technology expansion. It calls for a near doubling of R&D investment, banking policies and fiscal incentives to support sci-tech startups and venture capitalists, a system for evaluating researchers and research institutes, IPR’s strategy, improved government support of industry, and “an enhanced capacity to build creative personnel.”

• If we look at our country and take care of China’s example, we have to make reflections as:

The Mexican economy is supported mainly by SME’s.

The Patent system is growing continuously, and is one of the best tools to leverage development.

In Mexico…

SME´sAccount for

99.7%

Micro enterprise 1-10

Small enterprise 11-50

Medium enterprise 51-250

SME´s account for 42.4% of theNational labour force

• IMPI promotes the disclosure of technological information contained in patent documents by the PYMETEC system.

SME´s and Technological SME´s and Technological InformationInformation

How we help the SME´S…How we help the SME´S…

With the PATENT INFORMATION WEBSITE FOR With the PATENT INFORMATION WEBSITE FOR SME’sSME’s “PYMETEC”“PYMETEC”

IMPI, with its own technical resources and funding from the Department of the Economy, developed on 2005 a Patent Information Website for SME’s called “PYMETEC” (www.pymetec.gob.mx), oriented towards displaying patent information considered to be public domain and, therefore, can be used by anyone without infringing IPR’s.

Website DesignWebsite Design

• The information is lighted with the following colors, indicating respectively:

Date: 31/01/09

Technologies protected in Mexico with the possibility to be licensed by their holder.

Technologies that might be used in Mexico.(requires further consultation with the IMPI)

Technologies that are not protected in Mexico,and therefore can be used in our country.

227,447

1,080,638

49,673

What is PYMETEC?What is PYMETEC?

PYMETEC is a website for providing technological information, contained in patent documents, to the SME´s, researchers, academy and people in general for empowering Mexico’s technological development.

This tool focuses in making easier and faster the technological information search.

What is PYMETEC?What is PYMETEC?

• It targets to SME´s by solving technical problems in the organizations.

• The website was designed following the preconception of a technological alert, but using traffic lights that make easier its understanding.

• This website is completely free of charge.

To generate a patent information website containing technological information that can be used mainly by SME’s, that allow friendly and quick navigation in either national or international documents, in order to find solutions to the technical problems faced by SME’s.

ObjectiveObjective

Website ContentWebsite Content

• Simple Looks up words in English, French or Spanish

• Hierarchical by classification This search uses the International Patent Classification-IPC (8 sections).

• Search by fields Looks up bibliographical data (inventor, title, priority, etc.).

• Advanced Search Looks up words in English or French using operators such as “and”, “or”, “not” and “parenthesis”.

• FAQ’s Questions related to Industrial Property and Technological Information Services.

• Forums A meeting point for SME´s to talk over topics of interest.

• Links Direct links to Industrial Property Offices and Organizations around the world.

• Support to enterprises Direct links to national and international institutions that provide support to SME’s, inventors, researches, among others.

ADDITIONAL FEATURES

SEARCHES

AwardAward

In 2006, PYMETEC was awarded by the Mexican President with the INNOVA award for improving the government administration.

Only in 2009, this website

produced 5’449,602 hits.

Since it’s creation it has produced a

total of 20’386,698 hits generated from 1´130,655 visits.

For further information please consult:

www.pymetec.gob.mx/uso

Visits

• PYMETEC II will provide mainly free use PCT applications.

• Information source between IMPI and WIPO by using PCT applications.

What is Coming Next?What is Coming Next?

• Flexibility in the way of presenting the results.

• It will contain links to national and international data bases.

• Increasing the number of free-to-use documents in the database.

• WEB 2.0 oriented design:

– Blogs.– Thesaurus of Industrial Property related terms.– Wikipedia on IP matters, that will allow the users to post

information on different IP topics.

What is Coming Next?What is Coming Next?

Free-to-use technologyPossibility of useRestricted use

After 30 months

If a PCT application enters into Mexican national phase, it will be considered as Restricted use technology

If the protected technology does not enter into national

phase in Mexico, it will be considered as a free-to-use

technology

PCT applications which have entered into

national phase

PCT applications

with less than 30 months to

enter in national phase

National patent applications with 20 years or more

PCT applications with more than 30 months since their filing date which have not entered in Mexico

10% 5% 85%

PYMETEC II:PYMETEC II:

Maintaining the goals of the version of Pymetec I :

• Simple Search: Searching words in Spanish, English or French. It will provide a thesaurus with related terms, synonyms and translation to English or French.

• Advanced: Searching faster in a more friendly and efficient environment.

• Hierarchical by classification: Search using the IPC, locating information by using a term written in any language.

• Highlighting in colors the information which is being searched.

Searches in PYMETEC IISearches in PYMETEC II

A. Innovation and Technological Development Assistance

Carry out a study to analyze what causes that Mexico has a low patenting level from national residents. Technological Information and Innovation Assistance Center.Premises and infrastructure to store IMPI’s documental technical

reserves.New service of “Business Strategic Surveillance”, based on

commercial, competitive and technological surveillances.Innovation and Technological Development Fostering.

•Technology Transfer Offices (TTO’s).• Fund to support inventors.

More Activities:

Innovation and Technological Development Assistance

B. IMPI ACADEMY

IMPI, aiming to give a professional character to training activities on IP, has developed a project called “Intellectual Property Academy”.

IMPI drafted the first executive document. This document was complemented by a national and an international expert, financed by the European Union within the framework of the “Proyecto de Facilitación del Tratado de Libre Comercio entre la Unión Europea y México -PROTLCUEM-” (Assistance Project of the Free Trade Agreement signed by the European Union and Mexico).

The experts generated modular syllabus on IP matters, and identified national and foreign institutions that are already carrying out subjects or post-graduate studies on IP, which served as grounds to elaborate an international mapping.

Since 2007, IMPI has supported the expansion of WIPO’s Distance Learning course DL-101S (in Spanish), containing the basics of IP. Up to date, we have 20 tutors and a head tutor for all Spanish speaking students. In 2007 IMPI tutored 1,997 students, and in 2008 IMPI tutored 4,331 students. For the first edition of 2009, we reached 3,658 students enrolled.

IMPI ACADEMYIMPI ACADEMY

C. Electronic Government• SIGA website to consult the Industrial Property Gazette.• ViDOC website to consult Trademarks, Patents, IP Protection and Legal Affairs

documental reserves.• Linking system with the Customs Office from the Tax System, to avoid

counterfeited goods from entering into our country.• New system platform, incorporating electronic services for our users.

Electronic GovernmentElectronic Government

http://vidoc.impi.gob.mx/impi_vidoc/Search.aspx http://siga.impi.gob.mx/

GAZETTE OF THE INDUSTRIAL PROPERTYGAZETTE OF THE INDUSTRIAL PROPERTY

D. New international instruments regarding IP Protection

• Negotiation culmination of SPP, ACTA, OECD.

1. Security and Prosperity Partnership – IP Chapter (SPP – IP)

2. Anti-Counterfeiting Trade Agreement (ACTA)

3. The OECD has carried out concrete actions to elaborate studies regarding the measurement of counterfeiting and piracy, in 3 phases:

Phase I. Counterfeiting and piracy of tangible products.Phase II. Digital piracy.

Phase III. Other kind of IPR infringements.

IP ProtectionIP Protection

E. National Agreement to combat Counterfeiting and Piracy.

F. Awareness Campaigns.

In 2007, IMPI launched the first children drawing contest called “To respect ideas… Kids versus piracy”

G. LINKS BETWEEN THE IMPI AND SANITARY G. LINKS BETWEEN THE IMPI AND SANITARY AUTHORITIES ON MEXICOAUTHORITIES ON MEXICO

• The IMPI publish on line the Gazette “ Gaceta de la Propiedad Industrial”, witch is fee of charge the consult for all public in general.

• This Gazette is consult by the Sanitary Authority “Comisión Federal para la Protección contra Riesgos Sanitarios (COFEPRIS)”, when the people makes an application for a permission for the commercialization of a drug.

• It contains the generic name, description, chemical name, patent number, royalties, applicant name and claims where is the specification of the drug protection.

http://siga.impi.gob.mx

SOME EXAMPLES OF THE BENEFITS

INNOVANTION IN MEXICOINNOVANTION IN MEXICO

ING. LUIS ARMANDO BRAVO

CASTILLO

“PRÓTESIS DE FUNCIONAL PARA MANO”

MX/A/2007/00682

WO/2008/08820

INNOVATION IN MEXICOINNOVATION IN MEXICO

Dr. Alejandro AlagónUNAM, BIOCLON

ANTIVENENO

WO/2001/040290),MXPA/A/1999/011191CA2397731EP1247816

WO/2001/040290),MXPA/A/1999/011191CA2397731EP1247816

Neutralizante del veneno de Neutralizante del veneno de araña Viuda Negra. araña Viuda Negra.

Neutralizante del veneno de Neutralizante del veneno de araña Viuda Negra. araña Viuda Negra.

I & DI & D ProtecciónProtecciónen PIen PI

ComercializaciónComercialización

“CREATIVITY is thinking up new things. INNOVATION is doing new things ”

Theodore Livitt

THANK YOUTHANK YOU