Abstract
How likely is an invention to turn into an innovation in the short, medium, and long term? Do patent examiners have the power to influence the direction technology takes in a given sector or industry? This study discusses possible impacts arising from the interpretation of the concept of inventive step on the potential for innovation in the electricity area. It also aims to identify any indications of subjectivity in the concept of “inventive step,” of the examiners’ decision-making power, and the influence of the examiners’ evaluations on the direction of technology in the light of the concepts of conformity of action by agents to institutional rules and room for deviation as proposed by Dequech (2013). A case study is presented, comparing the content of first instance examinations and appeal examinations of patent claims in the area of electricity from 2015 to 2017, showing the levels of divergence in the appraisals of inventive step and recommendations for initial decisions to be reversed.
Highlights
Companies the world over are in competition in their respective industries for the intensity and ownership of innovations
Is finding solutions for technical problems the driving force for inventors, innovators, and engineers? Is it worth pursuing the debate on innovation intensity and technological change separately from investments in R&D and their effectiveness? Innovation has to do with knowledge; t when knowledge is transferred, control-related risks are raised and the authorship of such knowledge and novel components of technologies has to be protected (Folha de São Paulo, 2017; Prahalad et Hamel, 2005; Kupfer et Hasenclever, 2013)
The aim of this study is to investigate the subjectivity of the concept of inventive step and how the INPI examiners’ evaluations of inventiveness may affect the potential for technological innovation in the area of electricity
Summary
Companies the world over are in competition in their respective industries for the intensity and ownership of innovations. New industries are emerging and existing ones are going through profound transformations. The rules for how to seize opportunities in emerging technologies are still being written, while the rules for existing sectors have to be reviewed. In 2017, Brazil was ranked 61st in the world competitiveness ranking of 63 countries compiled by the International Institute for Management Development in partnership with Fundação Dom Cabral, ahead only of Venezuela and Mongolia. Is it worth pursuing the debate on innovation intensity and technological change separately from investments in R&D and their effectiveness? Innovation has to do with knowledge; t when knowledge is transferred, control-related risks are raised and the authorship of such knowledge and novel components of technologies has to be protected (Folha de São Paulo, 2017; Prahalad et Hamel, 2005; Kupfer et Hasenclever, 2013) Is finding solutions for technical problems the driving force for inventors, innovators, and engineers? Is it worth pursuing the debate on innovation intensity and technological change separately from investments in R&D and their effectiveness? Innovation has to do with knowledge; t when knowledge is transferred, control-related risks are raised and the authorship of such knowledge and novel components of technologies has to be protected (Folha de São Paulo, 2017; Prahalad et Hamel, 2005; Kupfer et Hasenclever, 2013)
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