Invention Patents and Competitive Tendering: A Balance Among PCT Office, Trade Bureau of Competition, Procurement Agencies and Municipalities in a Public Call for Offers

Abstract: An Invention Patent is a result of scientific work that could be useful for industrial application and as a tool to support business procedures. Intellectual property rights support innovation, competitiveness and economic growth across the globe and are strongly protected by International Law and Treaties. On the other hand powerful competition regulator statutory agencies in all civilized countries do fight against any preferential rights violating competition. There 11 steps towards a European Patent Office patents grand and 12 steps for a Public-Private Partnership according to European Investment Bank internal procedures. The patent advantage actually concerns only intimidation to the competition and limited other benefits. Such business use of the legal benefits of patent inspired us to extend this simplified approach into a complex “Blitzkrieg” interference to a public call for procurement. We choose two patents to present an example of our approach. The first interacts with competitive tendering prior the official launch while the other after the public call for proposals. Both approaches violate completion but they promote new technology.  

Key words: protectionism; procurement; antitrust institutions; contracting; invention patent

JEL codes: O31, L41