Protecting the results of an innovation by means of a patent is the optimal way to make R&D investment profitable, since as part of the intangible assets of companies this IP right contributes to create, in a decisive way, value for our public and private clients.
As specialists in the sector and backed by our experience and international presence, at Ficotec we offer comprehensive advice and ongoing dialogue with our clients, helping them to choose the best strategy for the protection of inventions anywhere in the world.
For an invention to be patentable, it must be new, involve an inventive step, and be susceptible of industrial application. It may be subject to examination, for which purpose it will be compared with the “State of the Art”, i.e. everything that prior to the filing date of the application has been made available to the public in Spain or abroad.
The duration of the Patent is for twenty years from the filing date of the application. To keep it in force, annual fees must be paid from the date it is granted.
- ARE NOT CONSIDERED INVENTIONS:
– Discoveries, scientific theories and mathematical methods.
– Literary or artistic works or any other aesthetic creation, as well as scientific works.
– Plans, rules and methods for the exercise of intellectual activities, for games or for economic-commercial activities, as well as computer programs.
– The ways of presenting information.
– Methods of surgical or therapeutic treatment of the human or animal body, or diagnostic methods applied to the human or animal body.
– Inventions whose publication or exploitation is contrary to public order or morality. In particular, this includes: procedures for cloning human beings, procedures for modifying the genetic identity of human beings, the use of embryos for industrial or commercial purposes and procedures for modifying the genetic identity of animals which cause suffering to animals without substantial medical or veterinary benefit to man or animal, and animals resulting from such procedures.
– Plant varieties and animal breeds.
– Essentially biological processes for obtaining plants or animals.
– The human body in the different stages of its constitution and development, as well as the simple discovery of one of its elements, including the sequence or partial sequence of a gene.
- EXTENSION OF PROTECTION ABROAD
To protect an invention in other member countries of the Paris Union Convention or the World Trade Organization, the applicant may exercise the right of priority. By virtue of this right, the applicant has a period of 12 months from the filing date of his application in Spain to file it in other countries, maintaining as filing date of those subsequent applications, the filing date in Spain (priority date).
The Munich Convention on the European Patent allows protection to be obtained by direct application in up to 38 countries over which protection is sought and which are party to the European Patent Convention.
The European Patent application is processed by the European Patent Office and the grant produces the effect of a National Patent in each of the States for which it is granted.
The European Patent granting procedure is divided into three phases. The first one starts with an examination of formalities and a compulsory search report, ending with the publication of the European patent application and the search report.
The second stage consists of a substantive examination and only takes place at the request of the applicant. If interested third parties oppose the grant of the patent, a third opposition phase may take place. This opposition phase takes place after the European patent has been granted.
Once the grant of the Patent has been published in the European Patent Bulletin, it must be validated in all the countries indicated in the application.
The Patent Cooperation Treaty (PCT), allows through the application of this modality, the possibility of protecting your invention worldwide in 148 countries.
The PCT facilitates the processing of applications for the protection of inventions when such protection is desired in several countries, by establishing a system whereby the filing of a single application produces the same effects as if the application had been filed in each of the countries desired and designated by the applicant.
The patent application is processed before the World Intellectual Property Organization (WIPO). The patent process includes the phases of international search and publication of the application. Subsequently in the entry into the national phases is when the examination and the concession is carried out but processed in the offices of the designated countries or regions.