A patent is a legal right protecting an invention, which provides a new and inventive technical solution to a problem. The owner of a patent has the right to stop others from commercially exploiting the protected invention by making, using, importing or selling it, in the country or region in which the patent has been granted.
Patent
OVERVIEW
Function
Patent has two important aspects:
- Protection: A patent allows the patent holder to exclude others from commercially exploiting the invention covered by the patent and as specified by the techno-legal boundaries i.e. mentioned in the claims in a certain country or region in which the patent granted and for a specific period of time, generally not exceeding 20 years from the date of filing.
- Disclosure: The publication of a patent and in many countries patent applications give the public access to information regarding new technologies in order to stimulate innovation and contribute to economic growth.
Routes
A patent application may be filed via one of the following routes:
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National Regions
In some regions, regional patent application may be filed at a regional patent office, for example the African Regional Intellectual Property Organisation (ARIPO) or European Patent Office (EPO). Regional patent applications have the same effect as applications filed in the member states of the respective regional patent agreement. In certain regions, patents are granted centrally as a bundle of national patents. In some other regions, a single regional patent granted by the regional patent office has effect in the entire territory of that region. In order to validate regional patents in the Member States, submission of a translation of the granted patent into the national language may be required.
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International
International applications may be filed with the national or certain regional patent offices of Contracting States of the Patent Cooperation Treaty (PCT) or the International Bureau of the World Intellectual Property Organisation (WIPO) by any resident or national of a PCT Contracting State. A single international patent application has the same effect as national or certain regional applications filed in each Contracting State of the PCT. Although the major part of the patent application procedure is carried out within the international phase, a patent can only be granted by each designated State within the subsequent national phase.
EXPERTISE
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Patentability
In addition to drafting patent applications in French, English and German,IP Patents advises you on patenting strategy in France and around the world. We work closely with you to follow through on each and every step of the patent application process, and ensure scrupulous management of turnaround times and deadlines.
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Freedom to operate studies
Being granted a patent gives you the right to prevent third parties from using your invention, but doesn’t necessarily grant you freedom to operate.IP Patents identifies potentially blocking patents, assesses the extent to which these patents pose a threat to your business strategies, and helps you plan ways to circumvent them.
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White Space Analysis
IP Patents’ Search Department is renowned for the technical expertise and skill-sets that allow it to assess the latest developments in a given technical field, conduct searches for prior IP rights (including chemical structure searches) and perform technology watches and competitiveness intelligence monitoring.
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Landscaping
If a competitor’s patent is standing in the way of your goals, IP Patents is on hand to help you prepare your case for opposition to be brought before the EPO (searches for relevant prior IP rights, identifying grounds for opposition) or for defending your interests should your patent be opposed.
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Translations
IP Patents’ Search Department is renowned for the technical expertise and skill-sets that allow it to assess the latest developments in a given technical field, conduct searches for prior IP rights (including chemical structure searches) and perform technology watches and competitiveness intelligence monitoring.
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IP Portfolio management
If a competitor’s patent is standing in the way of your goals, IP Patents is on hand to help you prepare your case for opposition to be brought before the EPO (searches for relevant prior IP rights, identifying grounds for opposition) or for defending your interests should your patent be opposed.
PROCEDURE
1. Filing: An applicant chooses a filing route, i.e. national, regional or international, and files an The initial filing is considered the “priority filing” from which further successive national, regional or international filings can be made within the “priority period”
2. Formal examination
3. Prior art search
4. Publication
5. Substantive examination
6. Grant/refusal
7. Opposition
8. Appeal
