Types of inventions
A patent can be granted for anything that, being totally new and unknown, also has an industrial application and solves a technical problem in the industry and as such, it can be, for example, an apparatus, a mechanism, a procedure, an instrument, etc.
In general, everything that does not solve a technical problem in the industry, such as, for example, a scientific discovery, a theory, a business plan and all those cases expressly stipulated by law (Law No. 19.039).
If the above action is favorable and no equivalent described information is found, you may prepare a patent application comprising the relevant prior art and the description of the creation.
The patent registration gives the holder exclusivity over the subject matter protected in such registration. That is to say, for a defined period of time, the State confers to the holder the right to exclude other persons from using, producing or commercializing, without his authorization, what is protected by his granted patent and, therefore, grants the right to act against whoever uses, manufactures or commercializes products that use, reproduce or incorporate what is protected by the registration.
Characteristics of a patent
The owner of a patent has the right to decide who may use the patented invention during the period of protection. In other words, patent protection means that an invention cannot be produced, used or distributed for commercial purposes, or sold, without the consent of the patent holder.
Patents can be granted on inventions in any field of technology, from an everyday kitchen utensil to a nanotechnology chip. An invention can be a product – such as a chemical compound – or a process – for example, a process for producing a specific chemical compound. In fact, many products comprise several inventions. For example, a laptop computer may be composed of hundreds of inventions that work together.
Patents are territorial rights. Generally, the corresponding exclusive rights are only valid in the country or region in which the application has been filed and the patent has been granted, in accordance with the laws of that country or region.
What is a patent
The purpose of this Inventor’s Manual is to provide you with basic guidance on each of the key steps in turning an invention into a commercial product. Or perhaps we should say the key steps to turn an idea into a business, if we broaden the definition of invention to include any new process, business method, social interaction, etc. While invention has traditionally been associated with manufactured products, it is now more commonly understood as any new wealth that is created in an original way, from new knowledge, or new uses of existing knowledge.
Although this guide is published by the European Patent Office, its content goes far beyond industrial property (IP) issues. While IP is undoubtedly essential to successfully exploit new ideas, it is only one of several important aspects of innovation.
Most of the risk is financial, so it is vital to control costs. It is easy to go overboard on the costs of an invention, because optimism tends to outweigh caution. Many invention projects fail not because there is anything wrong with the invention, but because too much money has been spent too soon, or on the wrong things.
Patent of invention
The solidity and flexibility of the Patent Law has made it possible, throughout its three decades of validity, to combine the stability of its regulatory framework with the necessary changes to adapt it to the Community and international evolution of this sector of the legal system, without the need for a new Law, partial reforms of its articles being sufficient.
The figure of the utility model is also modified in substantial aspects, such as the determination of the relevant state of the art, the type of inventions that can be protected under this modality and the conditions to exercise the actions in defense of the right derived from this title of protection.
In addition, the regulation of internal priority allows for a period of time the improved filing of subsequent applications and makes it superfluous to maintain an otherwise marginal figure, which has been scarcely used by the holders of patents in force. For these reasons, they are eliminated from the regulation contained in Title X of the previous Law.