The Single Patent for Portuguese or Spanish Language Countries

The Single Patent for Portuguese or Spanish Language Countries

Sofia Vairinho (Universidade do Algarve, Portugal & Universidad de Huelva, Spain & Carnegie Mellon University – CTTEC, USA), Tara Branstad (Carnegie Mellon University - CTTEC, USA), Joao Guerreiro (Universidade do Algarve, Portugal), Francisco J. Leon Sanz (Universidad de Huelva, Spain) and Sonia R. Sanchez (Universidad de Huelva, Spain)
Copyright: © 2015 |Pages: 13
DOI: 10.4018/978-1-4666-5888-2.ch321


The economic and financial situation in Southern European Countries creates an almost involuntary need for entrepreneurial ideas and innovation in the approach to social, legal and political solutions. Countries such as Portugal and Spain struggle to define strategies to improve their economies.Transversal to several fields, including the Information Science and Technology, we may consider as possible path or valid option the Patent System. If we consider the Patent System as a possible route to protect and stimulate investment, we may say that, presently, an isolated Portuguese or a Spanish patent does not represent a common choice for investors. To address this issue, this article proposes a new approach to the Patent System, based on the creation of a patent that will cover, with only one standard submission and evaluation process, all the Portuguese or Spanish language countries. Moving towards the establishment of a more innovative and competitive environment, the “Portuguese and/or Spanish Language Patent” would give a broader competitive advantage to companies operating within these particular markets, and, therefore, to the countries themselves. The strongest international advantage each of these two countries (Portugal and Spain) has in common is the widespread dissemination of their language across multiple continents. The present approach would be a complementary response to the implementation of the European Union Unitary Patent. The consolidation of the “Portuguese and/or Spanish Language Patent” would rely on the same principles defined for the Unitary Patent: simplicity; lower cost; and the involvement of a large number of Countries.
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This article defines a new concept related with the patent system. This approach is also able to fit within many different fields including the Information Science and Technology. A concept based specifically in stimulating innovation and promoting economic development in Portuguese and Spanish language countries. The single, unique or unitary patent for Portuguese or Spanish language countries relies in principles and approaches already defined and legally structured within similar and previous patent experiences.

Herein we present a new, initial and ambitious perspective and we also provide an initial comparison with similar patent systems, discussing the potential benefits and eventual obstacles related with the creation of a Portuguese or Spanish language patent.

Key Terms in this Chapter

Euroasian Patent Convention (EAPC): Entered into force in August 1995, creating an inter-state system of protection of inventions through a single patent valid in all Member States.

European Patent Organization (EPOrg): An intergovernmental organization established 10/07/1977 establishing the European Patent Office.

African Regional Property Organization (ARIPO): Established by the Lusaka Agreement of 9 December 1976 and aims to promote cooperation in industrial property to allow technological advances that allow the industrial and economic development of its member States.

Organisation Africaine de la Propriété Intellectuelle (OAPI): Established by the Libreville Agreement of 13 September 1962 with the aim of adopting laws, procedures and uniform intellectual property institutions in the French-speaking African countries. The Libreville Agreement was replaced by the Bangui Agreement of March 2, 1977.

European Patent Office (EPO): Established by the Munich Convention (European Patent Convention) 1973 in order to create a uniform system of patents in Europe.

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