What is a Patent?

What is a Trademark?

What is a Design?

What is a Plant Variety Right?

What is a Copyright?

Who is a patent attorney?

5 advises for inventors

What is a Patent?

A patent is a set of exclusive rights granted by a government to an inventor or to the successor of the inventor (e.g. his company) for a limited amount of time, generally for 20 years from the filing date. A patent is a legal title setting out the technical details of an invention and defining the scope of legal protection granted to the Patentee. The right excludes others from making, using, or selling the invention or products made by the invented process. It is a legal document defining ownership of a particular area of new technology.

The patentable invention is new, involves an inventive step (that means that it is non-obvious for a skilled person), and is capable of industrial application. An invention is considered new if it does not form the part of the state of the art. The prior art comprises everything that has become known or used by public in any way, anywhere in the world, before the first filing date of the patent application. There are exclusions from patenting for certain inventions such as animals, scientific theories, ideas, or softwares itselves.

There is no world patent; however it is possible to obtain patent protection in numerous countries and regions with only one patent application. You may claim the priority of the domestic patent application in foreign countries within a year. To obtain a patent is not enough. The evasion of the protection by third parties also needs to be inhibited. Usually only experienced patent attorneys are able to perform that.

The European Patent provides regional patent protection for the territories of the European Union and some other countries (e.g. Switzerland, Turkey). A European Patent needs to be validated in the appointed member states.

What is a Trademark?

A trademark (or trade mark) is a graphical sign. It is the most powerful instrument of business competition. It has a role in advertising and in indicating quality also. A trademark is intended to help distinguishing the goods and services of one company from other identical or similar products or services of the competitors on the market. Therefore a trademark is always connected to certain goods and services. The novelty of the mark is not a condition for registration, but no similar trademark should be present on the same market at the time of application and also the sign should be distinctive. In case of successful registration the trademark provides exclusive right for the holder to use the mark in the given country or territory. Trademarks are protected for periods of 10 years and there is no limitation on the number of renewals.

It is important when starting a business to consider not only how the business is to be called and what name is to be used to attract customers but also whether or not the name will infringe a trademark.

It is possible to apply for a uniform European Community Trade Mark. For detailed information please visit the site of www.trademark.eu

What is a Design?

A design applies to the outlook/appearance of things. It relates to the original feature(s) of a product or part of a product resulting from the lines, contours, colours, shape, texture, materials and/or its ornamentation, not dictated by the function. Almost any design that can be applied to a product, new, has an individual character that is not solely functional can be registered.

 It is possible to apply for a uniform European Registered Community Design. For detailed information please visit the site of www.trademark.eu

What is a Plant Variety Right?

A Plant Variety Right is an intellectual property right, like a patent, but made for plant varieties of which material is produced and commercialised. It applies to plant varieties that are new, distinct, uniform and stable.

It is possible to apply for a uniform European Community Plant Variety Protection.

What is a Copyright?

A copyright is an exclusive right; a form of protection provided for the authors of original, independent works and includes such things as literary, musical, artistic, and certain other intellectual creations, as software. Ideas are not protected by copyright. The protection is automatic. The registration of the copyright is not required, although in many countries it is important to assert with the symbol © that copyright is claimed. The copyright protection in general lasts until 70 years from the death of the creator(s). The fact of depositing and having a certificate of the existence of the work from an authority or organization eases the burden of proof in infringement cases. It has become possible in more and more countries. Please seek your patent attorney’s counselling in this relation.

Who is a patent attorney?

A patent attorney is someone who advises inventors and companies on how to protect their inventions, trademarks, designs, plant varieties or other intellectual properties. He represents the clients before authorities, courts and keeps your secret. He assesses the patent-matter in the light of the prior inventions, and drafts the patent application. He then guides the application through the examination procedure at the national or European patent offices, consulting with examiners to determine the legally acceptable content and scope of the application and advising the applicant on any amendments that may be necessary.

A European patent attorney is authorized to represent those who are filing European patent applications before the European Patent Office.

5 advises for inventors

1. You have invented something? Congratulations! You have made the first step. 10 more steps to obtain exclusive ownership; 100 steps to gain profit from. If your invention seems to be a good idea and has a technical character, work out the details!

2. At present keep it in secret and seek a patent attorney. A patent attorney is obliged to secrecy and performs his activity according to your best interests. Place your confidence in him!

3. Prepare a patent research! Only inventions others have not invented yet are worth to put energy into them! 80-85 % of technical information is found only in patent documentations. Free search surfaces are available on the Internet, however it is recommended to entrust a patent attorney with a more thorough research.

4. If your invention is really new, initiate the filing of a patent application. When a non-protected invention becomes disclosed it also becomes public property. A non professional patent protection does not worth much, it can be easily evaded, therefore non professional patents do not provide protection for the inventors.