What is a patent?
The invention refers to any process, technique or object that has the character of novelty. The patent is a title that belongs to the first request, for which the owner is granted an exclusive right of industrial and commercial operation, for a period of 20 years.
What inventions can be protected as patents?
Patents can protect inventions relating to machines, equipment, devices, procedures, products, etc. They cannot be patented, among others, discoveries, scientific theories and mathematical methods and plans, rules and methods for performing mental acts, games or economic and business activities and computer programs.
What requirements must have an invention to be granted a patent?
For a patent is granted it is necessary that the invention is new, involves an inventive step and are capable of industrial application: Novelty: It again considers everything that is not understood in the art. All that before the date of filing the patent application has not been made publicly available. Inventive step: It is considered that an invention has inventive step when compared to existing inventions is not obvious to a person skilled in the art. Industrial application: If the invention can be made or implemented in any industry. Therefore to properly fulfill the requirements it is better to consult with fort worth patent attorney law firm.
What limitation does the exclusive right to exploit the patent?
As mentioned above, the exclusive right of exploitation has a number of limitations:
• Time limitation: The patent and legal protection is valid for 20 years from the filing date, after which they pass into the public domain;
• Limitation Geographic: The right is limited to the national territory of the country where protection is claimed.
What obligation does the patentee?
The patentee, in exchange for an exploitation monopoly granted by the State pledges to sufficiently describe his invention to one of ordinary skill in the art to carry (publishing that description, the state ensures that the national technological assets increases) . Also has an obligation to exploit the patent either by itself or through a person authorized by him.
What is the purpose of patents?
• Attribute its holder an exclusive right to the industrial and commercial exploitation of the patented; invention are instruments
• The employer over the competition, to protect their innovations entrepreneur;
• Strategies are to consolidate markets and to enter new ones;
• Updated information is sources that promote technological innovation.
On what grounds can a patent expire?
The expiration of a patent causes the patented invention into the public domain from the time when the acts or omissions giving rise to the lapse occurred. The grounds for revocation of the patent are:
• By the end of the period for which they have been granted
• For non-payment of an annuity or the corresponding rate
• If the invention is not exploited
• renunciation by the owner.
What are the types of patents?
Patents can be classified according to different criteria. The criteria are: –
On the subject: This criterion is to distinguish between the various entities that may present the object of the invention. Thus, it is possible to distinguish: – Product Patents – Patent Procedure – Patent application (second use) – Patents combination of known elements – Patent selection – On the procedure for granting: – National Patents – Regional Patents – EUROPEAN – US.
For its dependency: –
– Patents Independent: They have nothing to do with each other.
– Dependent Patents: There is a dependency between different patents so licensing for possible exploitation is necessary.
– Divisional Patents: A patent has to solve a problem. When a single patent solves several problems that is not the independent unit, it is necessary to break the patent on several.
– Additional patents: No pay annuities and no entity for patent itself.
– Supplementary protection certificates: These are related to products that need a permit from the Ministry of Health for its exploitation. Due to the delay of these permits such licenses are granted.
What is the scope of patent protection?
Once the company to define the interesting markets, either through the existing market, the potential market or by the means of production either specific to each company, its partners or its competitors, decide the countries want to protect your invention as the patent. The patent protects only in that country or countries in which the grant is requested. It must be requested as soon as it is developed, without having made any prior public disclosure (publication, exhibition fairs …). Immediately, if there is a risk of disclosure or knowledge by third parties. If the company intends to protect your invention abroad, you must apply within one year as from the filing date in the US (priority year).
When to apply for protection of an invention?
As soon as it is developed, without having made any prior public disclosure (publication, exhibition fairs …). Immediately, if there is a risk of disclosure or knowledge by third parties.
What measures should be taken before revealing the details of our invention to someone else?
It is important to file a patent application through an experience fort worth patent attorney before publicly disclosing the details of the invention. Since in general, they are inventions disclosed before an application is made shall be considered part of the prior art, and thus the invention does not meet the requirement of novelty. In general, inventions that are disclosed before an application is made shall be considered part of the prior art. In case it is unavoidable to disclose the invention, for example, a potential investor or a business partner, before filing a patent application, the disclosure must be accompanied by a confidentiality agreement.
Does the publication of the invention breaks the requirement of novelty?
Yes, in most countries the publication of the invention in any forum and through any medium breaks the novelty of the invention, and therefore means that does not meet the requirement for protection.