Patent protection - what does it actually mean?
A patent protects technical inventions and innovations from being copied or imitated. Whether an everyday object or a niche high-tech product, a patent can be applied for many ideas and products. Patents are usually applied for in the field of technology and are subject to the following basic requirements:
- Your idea/product must be a novelty.
- it must have resulted from an inventive step.
- it must be applicable in the trade.
A granted patent is valid for a maximum of 20 years from the filing date. Medicinal products and plant protection products may be exceptions.
How does the registration process work?
There is a clear procedure that must be followed in order to successfully apply for a patent. Simply filing an application with the German Patent and Trade Mark Office (DPMA) does not automatically mean that a patent will be granted. A legally prescribed examination procedure checks whether the idea or product is new, has resulted from an inventive step and has an industrial benefit. Only publication in the patent gazette after passing the examination procedure grants the patent holder a prohibition right.
What needs to be considered?
It is important to know that a patent is only valid in the country for which it was registered. So if there is a desire to extend it to other countries, it makes sense to seek advice from an expert such as Patentstrategen in order to avoid mistakes and unnecessary expense.
With a valid patent, it is possible to prevent competitors from duplicating the protected idea. You secure a unique position on the market. However, as the owner of a patent, it is possible to make use of the sale, inheritance or even licensing of your property right.
It is often difficult to decide on your own what is patentable and when an application is worthwhile. There is not enough time in everyday working life and a lack of experience leads to uncertainty and unnecessary additional work.
With your patent strategists at your side, we assess the status quo in your company, take a detailed look at existing IP rights and their potential, file new applications and develop a holistic strategy.
Sources:
https://www.dpma.de/patente/patentschutz/schutzvoraussetzungen/index.html
https://www.dpma.de/patente/patentschutz/index.html