Only by patenting your idea can you get the exclusivity right about that. In order to patent an idea You will have to prepare several documents, following the formality with which the management works. Your idea will be patented only if it meets the appropriate documentation and at the same time meets the requirements of novelty, inventive step and industrial application.
Patents are called territorial rights that are the property of an idea so they must be protected through patent registration in all those countries where protection is desired. Commonly, the patent is filed nationally and is expanded based on the commercial success of the idea.
What people generally ask isHow can I patent an idea?? Let's be clear enough, not all inventions, ideas or innovations are acceptable to be patented since for an invention to have the right to be protected as a Patent, they must meet the following requirements:
- Inventive step: the technical answer cannot be clearly obvious.
- Novelty: the invention must be innovative.
- Industrial application: it has to be affordable to manufacture.
To understand if our invention meets the above requirements, we must take the first step in the phase of investigation. This step consists of analyze and investigate whether there are existing patent documents, related in any substantial way to our invention. These documents can be obtained by consulting the public patent databases, some of them are the OEPM, EPO, USPTO among others, which will provide crucial information regarding the innovation in novelty and activity of our idea.
After the investigation carried out, we can find ourselves in different situations: one is that all have been fulfilled the requirements and we can request the Patent through the payment of the respective fees, Another is that it does not meet the requirements and the idea has to be discarded, and it can eventually meet them, but our invention must be protected by the Utility Model method and not as a Patent.
The second step in patenting an invention is to prepare in advance and write a descriptive memory, that complies with the parameters established in the Patent regulation. This report must contain a clear description of the invention to be patented, highlighting the novelty and innovation of the idea or product. This memory must be prepared based on the current and current Patent Law. You are probably wondering how memory is composed, then it is explained in detail.
The report is made up of the following parts:
- Description
- Resume
- Figures
- Claim (is
Once the writing of the descriptive memory of the idea, we will be ready to move on to the third and last step, Processing. This consists simply of Complement and prepare the patent application forms., pay the established official commissions and present all the documentation to the Spanish Patent and Trademark Office (OEPM) with address in Madrid, being able to do it online as well as a digital user certificate. As soon as all the documentation required above has been submitted, in short we will get our patent number, acquiring from that moment, the rights of exclusivity and privacy over the invention or idea that has been patented.
In conclusion, you must establish the brand and image that you will propose to use as a badgeThen proceed to establish in which market you want to operate, as previously mentioned, you must officially verify that the trademark you intend to register and use has not been previously registered by anyone in the markets of your interest. At the same time, it must be verified through veridical documentation that the brand is not found in any of the absolute prohibitions on the use of the invention in the territory where it is and, apparently, that it does not have a bad meaning.
A very important point to consider is that patents as such are territorial rights and the invention will be protected only in the country where it has been registered, but from the moment we obtain our application date, there is a period of 12 months to extend the protection of the idea or invention to any other country.
Are my industrial property rights protected by the patent?
The most appropriate thing is that you go to a professional or specialist, who supports you in the very particular nature of this right; You can also go directly to the Spanish Patent and Trademark Office in Madrid, where you will receive complete information about the scope you have when patenting your idea locally.
Is it expensive to register a trademark and patent a product?
The time it takes and the cost of the procedure will depend on the territory or number of different countries in which it is available to register, but we can determine an average term for trademarks of 12 to 18 months, while in the case of patents this is the time can be doubled.
Regarding the cost that the record operation In addition, you have to differentiate between trademark and patent and, especially, territories or countries where you want to register.
As an example, a trademark in Spain can cost around 500 euros and a patent ranges from 2,000 euros, decidedly with the corresponding cost of professional advice. Both prices are quite cheap if we believe a little that the registrations imply the exclusivity of use and exploitation, in the case of a trademark it will be of an indefinite nature and in the case of patents it will have an extension of 20 years, always continuing to pay. rates annually.
After knowing the prices you may be wondering:
Why should I patent my idea, if I can market my products without registering the trademark?
The competitive advantage that offers to register its trademark, which is derived from the exclusive right granted by the nation in which it is registered. It also works as distinctive of its products and services and differentiates itself from the competition by giving you a gravity Y commitment with the market, registering the trademark serves in turn, to be able to to pursue to imitators and plagiarists of the products or services you have registered, and to be able to Sue them with complete freedom, otherwise, the competition can register your product if it is not and rob him your brilliant idea.
To this end, it must remain very clear that the legal registration of trademarks or patents is the only valid means available to demonstrate the ownership of a concept or idea of industrial and commercial application. In short, patents are a property title and as such allow the inventor to complete the relevant negotiations based on the exploitation rights session on the idea that the patent is protecting.
In Spain there are two types of Petitions with which you can protect your idea: Utility models and the Patents Here are the most particular differences:
Utility models:
Utility models require requirements that are very similar to those of patents, but somewhat less stringent, these are used to protect inventions of less inventive degree. These are considered mostly suitable for SMEs that constantly make small improvements to their existing products. The Utility Models procedure is very fast and does not include the preparation of other reports.
How to request a utility model?
The request must be made through a technical document or memory of the invention, which must be accompanied by the respective application forms and the corresponding fees. Undoubtedly, the writing of the specification must be entrusted to engineers who are experts in the field who can describe the idea or product very explicitly for registration.
They grant 10 years of protection and the first year of free international protection, which can be extended to an additional 18 months, through a PCT application.
Patent:
A patent can protect a new process, a new product, a new device, or an improvement on one of the above. The patent procedure includes the completion of a detailed research report in the official databases of current patents registered in the world called: State of the art report.
Patents protect the idea for 20 years and the first year of free international protection extendable for another 18 months, through a PCT application.
Can a cell phone application be patented?
The mobile apps recognized as apps, are a computer program that includes various creations of various kinds such as: illustrations, music and in most cases: a brand or trade name.
These artistic creations must be protected in different ways to achieve complete and comprehensive protection.
The Internet is a very advantageous tool, which is why many companies dedicate specific search engines to quickly find out if a brand or idea is registered anywhere in the world. Here below I leave some.
Google Patent: patent search engine offered by Google.
Latipat: Spanish registered patent search engine
Espacenet: Registered Patent Finder of the European Patent Office.
Young: search engine for registered patents of the Spanish Patent and Trademark Office.
