Indatex Academy

Protecting a Patent

Patent 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:

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