A patent is an exclusive right granted to an invention, which is the product or process that offers a new way of doing something, or a new technical solution to a problem. A patent provides protection for the invention to the patent owner. Protection is granted for a period of 20 years.
Utility Model are inventions of lesser inventive rank and consist of giving an object a configuration, or structure from which a practically appreciable utility or advantage is derived for its use or manufacture. Protection is granted for a period of 10 years.
What rights and obligations does the holder of a
The patent grants its owner the exclusive right to manufacture, offer, place on the market or use the product that is the subject of the patent, if it is a procedure to use said procedure or offer its use, during the period in which it is protected. The owner of the patent may give his permission, or license, to third parties to use the invention according to mutually agreed terms, as well as transmit the right to the invention to a third party, who will become the new owner of the patent. . Once the term for which the patent has been granted expires, the invention becomes public domain; that is, the owner ceases to hold exclusive rights to the invention, which becomes available for commercial exploitation by third parties.
All patent holders must, in exchange for the exclusive right that the State grants them, must disclose and publish information about their invention. The technical knowledge, innovations and improvements contained in patent documents must be made known to society in order to enrich the technical knowledge of the world and promote greater creativity and innovation in other people. Thus, patents provide not only protection for the owner but also valuable information and inspiration for future generations of researchers and inventors.
What is the GRANT procedure of a PATENT?
The first step in obtaining a patent is to file a patent application with the competent body, so that it can carry out the granting procedure. The patent application generally contains the following documents :
In which the title of the invention and its technical scope must appear.
DESCRIPTION of the invention.
Clearly and completely enough that a person skilled in the art can use or reproduce the invention.
CLAIMS (one or more).
They define the object for which protection is requested. They must be clear and concise and must be based on the description.
DRAWINGS, plans or diagrams.
They help to describe the invention more appropriately, as well as to facilitate its understanding. They are only necessary insofar as the description and claims refer to them.
Its purpose is to provide concise and technical information on the content of the invention.
Inventions must meet a series of requirements “new inventions that involve inventive step and are subject to industrial application are patentable”. An invention is new when it is not included in the state of the art, that is, it is not known in the body of knowledge existing in its technical field. Likewise, the invention must not be any contribution whatsoever, but a non-obvious contribution, in relation to previous knowledge and its subject matter must be accepted as “patentable” in accordance with the law. In many countries, scientific theories, mathematical methods, plant or animal varieties, discoveries of natural substances, commercial methods, or methods for medical treatment (as opposed to medical products) are generally not patentable.
Patents are granted by a national patent office or by a regional office that works for various countries, such as the European Patent Office and the African Regional Industrial Property Organization. Pursuant to such regional systems, an applicant requests protection for the invention in one or more countries and each country decides whether to provide patent protection within its borders. The Patent Cooperation Treaty (PCT), administered by WIPO, provides for a single international patent application to be filed that has the same effect as national applications filed in designated countries. An applicant seeking protection can file a single application and request protection in as many signatory countries as necessary.
Application for National Patent Registry or Utility Model