Re-establecimiento de la patente provisional en Chile ¿incentivo al emprendimiento e innovación?

Abstract

The production of knowledge and information results in the improvement of living standards. Economic development has determined that the producers of this knowledge must be adequately rewarded for their inventions, considering that innovation and the solution of problems that affect people's productivity and quality of life must be protected. These rewards include property rights granted by an invention patent. However, there is a time when the inventor is in the need of testing or making experiments for his innovation, therefore his investigation will become public and still cannot file a final patent application. For this situation, and to protect the creative process, a type of provisional patent is considered useful, which will last for a while until the request for a nonprovisional patent. This article analyzes the provisional patent and its re-introduction into the Chilean system of intellectual property rights, from a comparative and historical perspective.

Keywords

• Provisional patent
• nonprovisional patent
• Intellectual Property Rights
• Chile
• Comparative Economic Law