1. What is a Patent?
A patent is an exclusive right granted by the government to a person or to a company--for a certain period of time--to commercialize the invention in the country where the application is made for the patent protection.
2. What rights does the patentee have?
The patentee may prohibit other persons to do, for example, any commercial transaction such as selling, producing, exporting or importing his patented invention in or into the country were the patent is granted. The patentee must give his consent for any activity with regard to his patented product or service.
3. What are the requirements in case of a patent application?
One can file for an application stating the following data:
- The name and the address of the applicant
- The name and the residence of the person who made the invention.
- A petition requesting a patent to be granted
- A brief indication of the object of the invention.
- A description of the invention, closing with one or more conclusions
- A description of the object for which an exclusive right is required
- An excerpt of the description
- If necessary some drawings to illustrate the invention
4. Do I have to maintain my patent right for the complete duration of the right?
No the patent owner is not obliged to maintain the patent right for the complete duration time. A patent owner can evaluate every year if it is desirable to continue with the right. By not paying the annual maintenance fee for the patent, it will be automatically annulled and the patent owner who considers that it is not favorable any longer to continue with the right can decide to do that.
5. What is the best moment to decide to try to get patent protection in other countries?
The best time to decide whether patent protection will be sought in other countries is close to the end of the priority year. This is because at that time the results of the novelty investigation will be given if it was petitioned for on the same time as the patent protection was filed. The results of the novelty investigation may contain very important information that can be of primary importance in deciding whether or not to continue with the process of protection. Beside, by filling a petition in other countries close to the end of the priority year can suspend expenses for the period of one year.
6. In which countries should someone ask patent protection?
Patent protection is an investment that should produce money. There is no invention that will receive patent protection in all the countries of the world, because this will be too expensive. A patent applicant must investigate in which countries it will be profitable to seek for patent protection. The criterion for choosing patent protection in a specific country, is the extra profit that you will make with the protection in that country.