Whenever we have an idea for an invention, many questions arise.
How to patent a product? How to patent an idea? How to know if the invention is already patented or registered?
Intellectual property information is essential not only for businesses, but also for creative individuals.
When you want to protect an idea, you must first determine whether the project is eligible for an invention patent, which will allow the inventor(s) to enjoy an exclusive right to use that patent for a period of 20 years, being able to delegate its use in licences and other forms of commercial channelling of the patent, generating economic benefits.
The Intellectual Property Registry is in charge of copyrights (e.g. books) and the National Institute of Industrial Property is in charge of trademarks and patents.
Patents have territorial rights and therefore must be protect the idea by registering a patent in all countries where protection is desired.
It is important to note that Argentina is party to the Paris Convention which is a treaty signed by our country, ratified by law 17.011, and according to which the countries participating in the Convention constitute a Union for the protection of industrial property.
The main advantages are that anyone who has filed a patent or utility model application in one member country and is interested in filing the same application in another member country has the right to request a priority certificate.
This certificate allows that when assessing the novelty of the proposal in the countries where the priority was invoked, the date they will take into account will be the date of the original filing in our country and not the date of filing in those countries.
It should be noted that for this to be possible, the second filing must be made within 1 year of the original filing in Argentina.
Patenting an idea involves a legal procedure regulated by strict and generally immovable deadlines, which is why it is more than advisable to hire industrial property specialists with proven experience in these matters.
What are the ideas that can be patented?
A patent is “a title that recognises the right to exclusively exploit an invention, preventing others from making, selling or using it without the owner's consent”. It is the only way that gives the inventor or holder of the patent an exclusive right to both manufacture and market the invention.
What can be patented?
A new process, a new apparatus, a new product or an improvement or enhancement thereof and with the following characteristics:
- Be totally new to the world.
- Inventive (not based on any obviousness).
- It must not be abstract: it must have an industrial application and be feasible to implement.
Steps to patenting an idea
- Define well what we want to patent, with what image and under what brand or name.
- Consult specialists on the subject if the registration is viable: Gatti Marcas y Patentes has an area specialised in the subject that will be able to advise you on all the steps and documentation to be carried out.
- Patents must be drafted very well, otherwise you are showing your idea without getting the protection you want. In other words, the preparation and prosecution of a patent should be carried out by a professional to ensure that the best possible protection is obtained.
Our team can help you prepare all the necessary documentation to patent your idea. - Publication:After 18 months the application is published in the Patent Bulletin. From then on, anyone can access its contents and submit observations within 60 days.
- Substantive review: Within 3 years the applicant may request the substantive review by paying the corresponding fee. Otherwise the application will be considered abandoned.
Patent examiners search national and international databases to determine whether the application meets the requirements of being a world novelty, having an inventive step and industrial applicability. A decision is then made as to whether the application meets all the requirements for patentability. - Grant of the patentIf all the above steps are passed, the patent will be granted.
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