Indatex Academy
Protecting a PatentPatent Protection
Secure your inventions and innovations globally
What is a Patent?
If a company or individual authors a novel technical invention, they can request exclusive use and protection. No invention is safe from theft or counterfeiting without a patent.
A Legal Protection Tool
A patent is an exclusive right granted by the state for a limited period, covering a novel invention with an inventive step and industrial application. Filing a patent allows the inventor, whether an individual or entity, to control the invention’s use, authorizing or prohibiting others from using it.
A Trade Weapon
A patent strengthens market position in innovative sectors, limits use by competitors, generates income through licensing, and protects against counterfeiting and similar inventions.
How to Register a Patent Internationally?
Your Needs
Patents are territorial, granting rights only in the country of filing. The Paris Convention ensures equal rights across member countries. Choose a filing method based on the number of countries targeted.
Filing Locally
File at the national intellectual property office of the target country. Check WIPO’s directory for global IP offices.
Limitations
This method is costly due to translations, administrative procedures, and is practical only for a few countries.
Regional Filing
File with a regional IP organization for multiple countries in one application, using limited languages, valid for all or select member countries based on your needs.
Validation Required
Targeted states must validate the application for it to take effect.
International Filing
For multiple countries worldwide, use the Patent Cooperation Treaty (PCT), covering member countries.
Patent Cooperation Treaty (PCT)
File in one language at your national IP office, which transmits to WIPO.
National Registration Process
Complete registration with translations in each country’s language, payment of fees, and appointment of a local representative.
What to Check Before You Start?
The Innovative Step
An invention must be novel, involve an inventive step, and have industrial application. See WIPO’s patent definition.
Novelty
Ensure the invention hasn’t been described previously. Check using WIPO’s services:
Search Engine
Collections Platform
National Engines
The Budget
Filing a patent involves costs for applications, administration, counterfeit monitoring, and legal protection. Ensure sufficient financial and human resources.
Key Takeaways & Resources
Key Takeaways
- Patent grants exclusive rights for limited time
- Strategic weapon for market positioning
- Patent is a territorial right
- Must be novel, inventive, and industrially applicable
- Consider budget and resources for monitoring
Filing Methods
Local Filing
National IP offices - limited countries
Regional Filing
Regional IP organizations - simpler process
International Filing
PCT System - worldwide coverage
Patentability Criteria
Novelty
Not previously described
Inventive Step
Non-obvious innovation
Industrial Application
Practical utility