Small Entity: A Benefit For Inventors, Small And Medium-Sized Companies, And Research Organisms - Intellectual Property - Mondaq Mexico - Mondaq Business Briefing - Books and Journals - VLEX 423203270

Small Entity: A Benefit For Inventors, Small And Medium-Sized Companies, And Research Organisms

Author:Mr Sergio-Lino Martinez
Profession:Becerril Coca & Becerril

A recurring thought in the minds of people is to think that patenting is an activity proper of large corporations, universities and inventors supported by large investors and that it is a time consuming process that implies high counseling and maintenance expenses.

With this in mind, the WIPO (World Intellectual Property Organization) being aware that the culture of protection on the intellectual material was not developed in emerging countries, organized a series of sessions that were given from September 6 to 14, 1999, where an analysis was given to the issue of how to generate an environment throughout the nations belonging to the WIPO where patent registration became available to any person or organization that possessed an invention worthy of being protected and economically exploitable, and where the protection of the inventive activity were more accessible to individuals, organizations, or universities without any sponsorship or that simply did not have sufficient funds to carry on with the process of registering their intellectual property.

From this need and from the necessity to generate a stronger intellectual property protection in the emerging nations, several member countries belonging to the WIPO put themselves into the task of developing and presenting ideas to the WIPO Standing Committee on the Law of Patents (SCP).

After assessing the different options and ideas presented, they reached to the conclusion that the most appropriate measure would be to generate a positive environment for intellectual protection, according to the economic and industrial development of each member state, where different entities could take advantage of the measure and at the same time could generate a competitive advantage at macro and microeconomic levels.

It was in the second session that the commission of Sudan presented a proposal that became the basis of the Small Entity procedure:

"The SCP recommends that each state member of the WIPO and, where the states members of the WIPO are members of intergovernmental organizations with competence in the field of patents, such organizations shall adopt a policy in the sense that all fees to be paid to the offices of the states and organizations will be reduced by a 50% for any patent applicant or patentee which is a physical persona, regardless of his nationality or residence".

From this proposal, the development of a mechanism of fee reduction in patent registration and maintenance began to take...

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