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The patents office, the Mexican Institute of Industrial Property, could have a decisive role in this, if it demands that inventors comply with the requirement of industrial application for the objects they are claiming.
The Patent Office of the Mexican Institute of Industrial Property plays a decisive role if inventors are required to comply with the requirement of industrial application for the objects they claim. role,
Furthermore, the concept of utility handled by the patent office of the United States must not be accepted, since, for the effects of filing patents, it is only necessary to show that the invention is useful , not that it may have an industrial application. Another fundamental aspect to be considered if the intellectual property system is to contribute to innovation without necessarily being an entry barrier, is that clear limits must be placed on the temporary monopoly conferred by the different titles, thus creating a counterpart of the anti-monopoly law. This aspect should be reviewed in Mexican legislation since the Law on Economic Competition justly establishes the cases in which intellectual property protection exists as an exception to its actions against monopolistic practices. A further element to avoid anti-competitive practices and, eventually, practices that do not satisfy the needs of the market at reasonable prices, is to use clear criteria and to work on the introduction of a compulsory licensing regime in accordance with international co
mmitments, and the introduction of effective price control mechanisms.
Furthermore, the concept of utility as dealt with by the U.S. Patent Office cannot be accepted because, for purposes of claiming a patented effect, it is only necessary to show that the invention is useful without indicating that it may have some industrial application. If the intellectual property system is conducive to innovation and not necessarily a barrier to entry, another fundamental aspect needs to be considered, namely that clear limits should be set on temporary monopolies granted by different rights, thereby creating an environment corresponding to antitrust law . This point should be reviewed by the Mexican Legislature, since the Economic Competition Law fairly establishes a case in which intellectual property protection exists as an exception to actions against monopolistic measures. In order to avoid anti-competitive measures and measures that fail to meet market demand at reasonable prices, further steps should be to adopt clear standards in line with international commitments and work towards the introduction of a compulsory licensing system and the introduction of effective price control mechanisms.
Finally, the use of patent systems to introduce a model that benefits the distribution of knowledge above the traditional philosophy of protecting and excluding third parties, means that more public and private institutions should become involved in the tasks of
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retrieving, analyzing and using patent information. It is not enough to have information banks; networks must be built up to diffuse competitive intelligence based on information, the technologies necessary to process it and a portfolio of attractive services.
Finally, in order to introduce models useful for disseminating traditional philosophical knowledge about protecting and excluding third parties, using the patent system means that more members of the public and private research institutions should be involved in retrieving, laundering, and using patent information. Once again, it is not enough to have a database, but a network must be built on the basis of information to disseminate competitive intelligence, technology for processing intelligence, and attractive service packages.
Figure 2 shows a stimulating model for the development of information services proposed by Lozano and Vald~s (1995). If it proves possible to build networks in which many institutions participate following the lines of this model, an important step will have been taken to demolish entry barriers and use intellectual property as a vehicle for innovation.
Table 2 shows the information service development stimulus model proposed by Lozano and Valdez (1995). If established, it can be used by many research institutes For networks that engage within the scope of this model to prove feasible, an important step must be taken to remove barriers to entry and embrace intellectual property as innovation work.
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