PATENT

Accelerate your business with these expert tips on "Patent". Analyse and discover this TIP!

A patent is an exclusive right granted to an inventor or patent holder to protect his or her invention from production, use, sale or importation for a specified period. The purpose of patents is to encourage innovation and technological progress by giving inventors an incentive to develop new products or processes.

By obtaining a patent, the patent holder obtains benefits such as exclusive protection of his invention for a certain period of time, improvement of his brand image, the possibility of licensing or selling the patent, protection against unfair competition and unauthorised imitation, among others.

To patent an invention, it must meet certain requirements, such as novelty, inventive step, industrial applicability and not be excluded by law. Some things that can be patented include inventions, products, processes, improvements on existing products or processes, software (in Europe it is complex), biotechnology, among others.

However, there are certain restrictions and exclusions as to what cannot be patented, such as abstract ideas, laws of nature, therapeutic and surgical methods, among others. To apply for a patent, certain steps must be followed, such as research to verify whether the idea or invention is unique, preparation of a detailed description of the invention, choosing the country or countries in which the patent is to be protected, filing the patent application, examining the application and granting the patent, among others.

It is important to bear in mind that the processes and requirements may vary depending on the country or countries in which you wish to protect your invention, so it is advisable to obtain advice and assistance from an IP lawyer during the patent application process.

The patent is a lasting competitive advantage

A patent is a lasting competitive advantage because it gives the patentee the exclusive right to make, use and sell the invention for a certain period of time, usually 20 years. During that time, the patent holder has a privileged position in the market, as he/she is the only one who can manufacture and sell the patented product or use the patented process.

In addition, a patent can enhance the brand image and give the company a competitive advantage in terms of reputation and credibility. It can also be a source of additional revenue through the sale or licensing of the patent to other companies.

On the other hand, a patent may also discourage competitors from entering the market, as they cannot use the patented product or process without the patent holder's authorisation. However, once the patent has expired, the competitive advantage disappears and competition can freely enter the market.

In short, a patent is a lasting competitive advantage as long as it is in force, but once it has expired, competitors can enter the market and the competitive advantage disappears.

A patent is a exclusive right granted by a governmental authority that protects an inventor or patent holder from the production, use, sale or importation of an invention for a specified period of time. The purpose of patents is to stimulate innovation and technological progress by giving inventors an incentive to develop new products or processes.

What are the benefits of a patent?

A patent offers many benefits, the main one being that obtaining a patent gives you a real competitive advantage (+) for as long as it protects you, but also:

1. Exclusive protection: The patent gives its holder the exclusive right to make, use and sell the invention for a certain period of time.
2. Brand value: A patent can enhance the brand image and give the company a competitive advantage.
3. Source of income: a patent can be licensed or sold for additional income.
4. Stimulus for innovation, with deductions and subsidies: patents encourage entrepreneurs to research and develop new ideas.
5. Protection against competition: the patent can protect the invention against unfair competition and unauthorised imitation.
6. Negotiating power: ownership of a patent can increase a company's bargaining power in trade negotiations.

What is the can an entrepreneur patent?

An invention or product may be patented if it meets the following requirements:

1. New: must not have been previously disclosed anywhere in the world!!! be careful with the validation (+), do not publish results so as not to endanger!!!
2. Inventive activity: must be a non-obvious solution to a technical problem in its field.
3. Industrial application: must have a practical application and be producible or usable in industry.
4. Not be excluded by law: must not be contrary to morality, public order or the public interest.

Examples of things that can be patented include: inventions, products, processes, improvements to existing products or processes, software (in Europe this is complex), biotechnology, among others.

What is not patentable?

In general, abstract ideas, laws of nature, therapeutic and surgical methods, strains of micro-organisms, computer programs, sports techniques, games, fashions, topographies of integrated circuits, among others, cannot be patented. There are also additional restrictions, which vary depending on the country and local legislation.

How apply for a patent?

TO APPLY FOR A PATENT, THE FOLLOWING STEPS MUST BE FOLLOWED:

1. Research: verify whether the idea or invention is unique and has not been previously patented.
2. Detailed description: prepare a detailed description of the invention, including drawings or sketches if necessary.
3. Choice of country or countries: decide in which countries you want to protect your patent.
4. Patent application: file the patent application in the selected country or countries.
5. Examination of the application: the patent office will review the application and determine whether a patent can be granted.
6. Granting of the patent: if the application is approved, a patent will be granted and information on the invention will be published.
7. Patent maintenance: the patent must be paid for and regularly maintained to continue to protect the invention.

It is important to bear in mind that the processes and requirements may vary depending on the country or countries in which you wish to protect your invention. It is advisable to consult a lawyer specialising in intellectual property (+) for advice and assistance during the patent application process.

Europe's intellectual property watchdog is the European Intellectual Property Office (EIPO). EUIPO whose acronym in Spanish is OPIEU, Oficina de Propiedad Intelectual de la Unión Europea (OPIUE). It is the agency responsible for managing the Union's trade marks and designs.