What requirements must be met to obtain patent protection?

There are many conditions that must be met in order to obtain a patent and it is not possible to compile a comprehensive list that is universally applicable. However, some of the main conditions include:

The invention must exhibit an element of novelty; that is, some new characteristic not known in the existing body of knowledge in its technical field. This body of existing knowledge is called “prior art.”

The invention must involve an “inventive step” or be “non-obvious,” meaning that it cannot be clearly deduced by a person of ordinary skill in the relevant technical field.

The invention must have industrial applicability, meaning that it must be capable of being used for an industrial or commercial purpose beyond a mere theoretical phenomenon, or be useful.

Its subject matter must be accepted as “patentable” under the law. In many countries, scientific theories, aesthetic creations, mathematical methods, plant or animal varieties, discoveries of natural substances, commercial methods, methods of medical treatment (as opposed to medical products) or computer programs are not patentable.

The invention must be disclosed in an application in a manner sufficiently clear and complete to be reproduced by a person of ordinary skill in the relevant technical field.

Who grants patents?

Do I need a patent agent/agent to prepare and file a patent application?

In general, applicants can prepare and file their own patent applications without the assistance of a patent attorney. However, due to the complexity of patent documents and the legal skills required, such as claim drafting, it is highly recommended to seek legal assistance from a patent attorney/agent when drafting a patent application.

Furthermore, the legislation of many countries requires that an applicant whose usual residence or principal place of business is outside the country be represented by a lawyer or agent qualified in the country (which usually means an agent or attorney residing and practicing in that country). Information on qualified lawyers and agents can be obtained directly from national and regional intellectual property offices.

How much does it cost to register a patent?

Costs vary greatly from country to country (and even within countries). Since official fees vary greatly from country to country, please contact the relevant national or regional patent office which will be able to give you details on the fee structure. See the list of national and regional IP offices.

The cost of filing a patent depends on factors such as the nature and complexity of the invention, the fees of patent attorneys, the length of the application, and possible objections raised during examination by the patent office. Some countries offer discounts for small and medium-sized enterprises and applicants who file online. In addition, some countries allow for expedited examination upon payment of an additional fee.

In addition to the official national filing fees, once a patent is granted by a patent office, you must pay maintenance or renewal fees, generally on an annual basis, to keep the patent valid.

If you decide to register your patent abroad, you should also consider the relevant official filing fees for each country involved, translation costs, and the costs of using local patent agents, which is required in many countries for foreign applicants.

How to get patents worldwide?

At present, you cannot obtain a “world patent” or a “global patent.” Patents are territorial rights. Generally, a patent must be applied for, and a patent granted and enforced, in each country for which you seek patent protection, in accordance with the law of that country. Therefore, one way to obtain patents in a number of countries is to file a national patent application with each relevant national patent office.

In some regions, a regional patent office, for example the European Patent Office (EPO) and the African Regional Intellectual Property Organization (ARIPO), accepts regional patent applications, or grants patents. They have the same effect as applications filed, or patents granted, in the member states of that region. This means that in certain regions, you can obtain a regional patent from a regional patent office, which is valid in some or all of the member states.

If you are seeking patent protection in a number of countries around the world, a good option is to file an international application under the Patent Cooperation Treaty (PCT), administered by WIPO. Any resident or national of a PCT party (a contracting state) can file a single international application that has the effect of a national patent application (and some regional patent applications) in some or all of the PCT contracting states. In some cases, this can be a more straightforward option than trying to file individual applications in each country where you need protection. Learn more about the PCT system.

What practical steps do I need to take to obtain patent protection?

The first step to getting a patent is to file a patent application. Many patent offices provide a specific form to fill out. In some patent offices, you can file a patent application online.

In a patent application, you generally must describe the title of the invention, as well as provide an indication of its technical field. You must also include a background and description of the invention, in clear language and sufficient detail so that a person with an average understanding of the field could use or reproduce the invention. These descriptions are usually accompanied by visual material such as drawings, plans, or diagrams to better describe the invention and an abstract, which contains a brief summary of the invention. You must also clearly and concisely state the matter for which patent protection is sought in the “claims” portion of the patent application.

In addition, depending on the applicable patent law, you may need to submit different types of statements, declarations, or supporting documents to the patent office. Due to the complexity, it is recommended that you consult a patent attorney or patent agent to prepare a patent application.

What happens after I submit my application?

Procedures vary greatly from country to country, so it is impossible to provide a comprehensive step-by-step overview. If you want to research a country’s patent legislation independently, you can browse the WIPO Lex database of intellectual property (IP) legislation from around the world.

However, it is recommended that you consult a practicing attorney specializing in intellectual property or the relevant intellectual property office. See the directory of national and regional intellectual property offices.

Can the decision to grant an acquittal be appealed?

The grant of a patent may be challenged either by a patent office or in a court of law. The court may invalidate or revoke a patent upon successful challenge by a third party. In addition, many patent offices provide administrative procedures that allow third parties to oppose the grant of a patent (including so-called “opposition systems”), for example, on the grounds that the claimed invention is not new or does not involve an inventive step.

Patent opposition procedures vary from country to country. Find out more about opposition systems.

Is it possible to extend the term of patent protection?

In some countries, patent protection can be extended beyond 20 years or a Supplementary Protection Certificate (SPC) may be issued in very specific cases. The extension is intended to compensate for the time spent in the administrative approval process before products are placed on the market. The time spent in this process means that the patent owner may sometimes not be able to benefit from his right for a long period of time after the patent is granted.

Can I get a patent for a software invention?

Perhaps, but laws and practices in this regard can vary from country to country. For example, in some countries, “inventions” within the meaning of patent law must have a “technical character.” In other countries, there are no such requirements, which means that software in these countries is usually the subject of a patent.

But this does not mean that all software will be patentable. In order to be patentable, a software invention must not fall under other non-patentable subject matter (e.g., abstract ideas or mathematical theories) and must meet other patentability criteria (e.g., novelty, inventive step [other than obviousness] and industrial application [usefulness]).

It is therefore recommended that you consult a practicing attorney specializing in intellectual property or the intellectual property offices of the countries in which you wish to obtain protection. Consult our directory of national and regional intellectual property offices to connect with a local intellectual property specialist.

If a patent is not a viable option for your software-related invention, using copyright as a means of protection may be an alternative. In general, computer programs are protected by copyright like literary works. Protection begins with the creation or installation of the work, such as software or a web page. Furthermore, you are generally not required to register or deposit copies of the work in order to obtain copyright protection.

However, according to a well-established principle, copyright protection extends only to expressions and not to ideas, procedures, methods of operation, or mathematical concepts themselves. Thus many companies protect the object code of computer programs by copyright, while the source code is kept as a trade secret. Find out more about copyright.

Can I patent my application?

Whether you can obtain patent protection for an app depends on what element of your app you want to protect. If you want to protect an idea or technical feature related to your app, patent protection is a possible option. Depending on applicable national law, the software that powers your app may be patentable if it contains certain technical features. However, you should be aware that your technical idea must meet all patent eligibility requirements to obtain patent protection, and it can take years to obtain a patent.

Additionally, it is important to ask yourself what element(s) of your application should be protected from free use by competitors. The software that powers your application may be protected by copyright (possibly also by patents, as described above). If you are concerned about protecting logos or signs contained in your application, you should consider protecting them with trademarks. Literary and artistic works incorporated into your application, such as original databases, musical works, audiovisual works, works of fine art, and photographs, are protected by copyright. Objects and graphics may be protected by industrial designs.

How can I search for inventions that have already been patented?

Please see the questions and answers under the topic “Patent Information,” in particular, the answer to the question “Where can I find patent information?”

How can I find patent laws for different countries?

WIPO Lex provides easy access to intellectual property legislation from a wide range of countries and regions as well as to treaties relating to intellectual property.

Many national or regional patent offices also provide information regarding national or regional legislation on their websites. See the list of national and regional IP offices.

Can I get a patent and keep my invention secret?

No. Patent offices grant patents in exchange for full disclosure of the invention. Generally, the details of the invention are then published and made generally available to the public.

It should be noted that publication can take place at different stages of the procedure. In some countries, the patent document is only published after a patent has been granted. In other countries, patent applications are generally published 18 months after the filing date or priority date, where priority was claimed (for more details, see the website of the national intellectual property office).

Can I discuss the details of my invention with a potential investor before filing a patent application?

It is important to file a patent application before publicly disclosing the details of the invention. Generally, any invention that is published before the application is filed is considered “prior art” (although the definition of the term “prior art” is not uniform internationally, in many countries it refers to any information that has been made available to the public anywhere in the world through written or oral disclosure prior to the filing date).

In countries that apply the above definition of “prior art,” an applicant’s public disclosure of an invention before filing a patent application will prevent him or her from obtaining a valid patent for that invention, as the invention will not meet the novelty requirements. However, some countries allow a grace period—usually between 6 and 12 months—that provides protection to applicants who have disclosed their inventions before filing a patent application. Furthermore, the novelty criteria may be interpreted differently depending on the applicable law.

If disclosure of your invention before filing a patent application is unavoidable – for example, to a potential investor or business partner – any disclosure should be accompanied by a confidentiality or non-disclosure agreement. It should also be kept in mind that early filing for patent protection will generally be beneficial when seeking financial support to commercialize the invention.

How are patents relevant to my business?

While it is certainly true that not all companies develop patentable inventions, it is a mistake to think that patents only apply to complex physical or chemical processes and products or are only useful to large companies. Patents can be obtained for any area of ​​technology from paper clips to computers.

Furthermore, when people think of patents, what usually comes to mind are major scientific breakthroughs like Edison’s first light bulb, or large corporations investing in research and development. But, in reality, most patents are not granted for groundbreaking scientific breakthroughs, but rather for inventions that make improvements to existing inventions. For example, a second or third generation of a product or process, that works in a more cost-effective or efficient way.

Some countries also have specific legal provisions to protect additional innovations. These are called utility models and tend to be shorter in duration than patents and are generally easier to obtain.

Why should I consider patenting my inventions?

Exclusive Rights: Patents give you the exclusive right to prevent or restrict others from commercially exploiting the invention for twenty years from the date of filing the patent application.

Return on Investment: Having invested a significant amount of money and time in developing innovative products, through exclusive patent rights, you may be able to establish yourself in the market as a prominent player and get higher returns on investments.

Opportunity to license or sell the invention: If you choose not to exploit the patent yourself, you can sell or license the marketing of the patented invention to another organization, which can be a source of income for your company.

Increased Negotiating Power: If your company is in the process of acquiring the rights to use another organization’s patents through a licensing agreement, your patent portfolio will enhance your bargaining power. This means that your patents may prove to be of significant value to the organization you are negotiating with, and you could enter into a cross-licensing arrangement where, simply put, your organization and the other agree to license each other’s patents.

Positive image of your business: Business partners, investors and shareholders may see patent portfolios as evidence of the high level of expertise, specialization and technological capability within your company. This can be useful for raising funds, finding business partners and increasing the market value of your company.

What happens if I don’t register my inventions?

If you don’t patent your invention, competitors may profit from it. If the product is successful, many other competing companies will be tempted to make the same product using your invention without having to ask your permission. Larger companies may benefit from economies of scale to produce the product more cheaply and compete at a more favorable market price. This can greatly reduce your company’s market share for that product. Even smaller competing companies may be able to produce the same product, often selling it at a lower price since they won’t have to recoup the original R&D costs your company incurred.

But that’s not all. Your potential for licensing, selling, or transferring your technology will be severely hampered if you don’t patent your invention; in fact, without intellectual property rights (patents), technology transfer will be difficult if not impossible. Technology transfer presupposes that one or more parties have legal ownership of the technology, and this can only be effectively achieved through proper intellectual property (IP) protection. Without IP protection for the technology in question, all parties tend to be skeptical about disclosing their inventions during technology transfer talks, for fear that the other party might “run away with the invention.”

Finally, you should consider the possibility that someone else may patent your invention first. The first person or organization to file a patent is entitled to a patent. This could mean that if you do not patent your inventions or inventions that your company employees have made, someone else – perhaps someone who has developed the same or equivalent invention later – could do so. They could then legitimately exclude your business from the market, restrict your business to continued prior use (where patent legislation provides for such an exception), or require your company to pay a licensing fee to use the invention.

However, to ensure that no one else can patent your invention, instead of filing a patent application, you can disclose the invention to the public so that it becomes prior art for any patent application that will be filed after publication, thus putting it in the public domain (known as defensive publication). Because of the existence of such prior art, later patent applications containing the same or similar invention will be rejected by the patent office on the grounds of lack of novelty or inventive step. At the same time, if you disclose your invention before filing a patent application, you will severely limit the possibility of obtaining patent protection for that invention.

How do I go about licensing a patent to a third party?

Every situation is unique, so there is no one “right” way to obtain a patent license. In some countries, the patent applicant’s intention to grant a license to third parties may be published in the Official Gazette. To find out more, contact your national intellectual property office.

In general, it can be said that if you intend to license your patent, diligent preparation is key. Before you start negotiating with a potential licensee, you should be aware of the current situation and future prospects of the market and the relevant technology. Furthermore, you should know the potential licensee’s business case and the financial value associated with your patent, etc. You should consider your own business goals and carefully consider how entering into a licensing agreement fits into your short- and long-term business strategies.

Are utility models and trade secrets alternatives to patent protection?

In many cases, where an enterprise has improved an existing product and the said improvement is not sufficiently innovative to be considered patentable, utility models can be a good alternative, if available in the country concerned. Sometimes, it may be advisable for your company to keep its innovations as trade secrets, which requires, in particular, taking adequate measures to keep the information confidential.

Another alternative strategy could be to ensure that no one else can patent your invention by disclosing it (known as defensive publication), thus ensuring its place in the public domain. However, you should think carefully about using this strategy, since if you disclose your invention before filing a patent application, you will severely limit your ability to obtain patent protection.

My employees have invented a new product or process: Who owns the patent rights?

In most countries, if an employee has developed an invention in the course of his employment contract – i.e. usually during the time of employment/work within the enterprise – the invention (and the related patent rights) will belong to the enterprise. To avoid confusion and potential disputes, employers often specify issues of intellectual property ownership in employment contracts. Depending on the merits of the case, the employee may, however, be entitled to equitable remuneration in accordance with the provisions of the legislation or the employment contract. In any case, the employee will always retain the right to be named as an inventor, unless he expressly waives this