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6 - An Early Patent System in Latin America

The Chilean Case, 1840s–1910s

from Part II - Americas

Published online by Cambridge University Press:  23 March 2020

By
Bernardita Escobar Andrae
Edited by
Graeme Gooday  and
Steven Wilf
Graeme Gooday
Affiliation:
University of Leeds
Steven Wilf
Affiliation:
University of Connecticut
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Summary

This chapter studies the effects produced by salient features of the first Chilean patent law of 1840 on the establishment of different innovative business cultures. In particular it looks at the effects of the dual protection strategy of the Chilean patent law in protecting equivalently both “inventions” (subject matter was delimited by absolute novelty, without geographic constraints) and “introductions” (subject matter was delimited by its geographic novelty of use in Chile) in the period up to the 1870s. The chapter tests for a structural change in the granting of innovative patents after the protection for introduction patents was repealed in 1872, and characterizes the Chilean culture of dispute within innovative businesses in the period of 1877–1910, by examining the characteristics of the oppositions raised against patent applications.

Keywords

business culturesChilecrowding outLatin Americapatents of introductionopposition proceedingspatents of inventionstructural change,
Type
Chapter
Information
Patent Cultures
Diversity and Harmonization in Historical Perspective
 , pp. 126 - 144
Publisher: Cambridge University Press
Print publication year: 2020

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