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Inventions, even the most promising ones, often share the same problem: as soon as the new product hits the market, competitors can see it, copy it, and offer it at a lower price. It does not matter the inventor, how difficult or expensive it may have been to invent it. There are two ways to reduce these risks: take scrupulous care of business secrecy, or protect the invention. Click here for more info https://www.criticalhit.net/technology/protect-your-tech-invention-with-the-inventhelp-patent-attorney/

To protect an invention, it is necessary to resort to the industrial property to obtain exclusive rights that allow, for example, prohibiting third parties from using an invention without their consent.

the patent usually protects the technical part of the invention (the solution to a technical problem);

the Utility Model, an enhancement to an existing product;

Industrial Design normally serves to protect the external appearance of the product.

Therefore, when it comes to adequately protecting an invention, the most appropriate way must be found, perhaps by combining the various tools offered by the industrial property, including trademarks.

In the absence of industrial property rights, the new product does not enjoy the protection and anyone can use it. Therefore, to protect the invention, the first guideline consists of not disclosing it to third parties until at least one application for a patent, utility model, etc. has been filed. In this way, the “theft of ideas” is avoided and there is also no risk of compromising the possibility of obtaining a patent for having violated the “novelty” that is one of the essential requirements for the patentability of an invention.

As it is essential to disclose the invention to third parties, to reduce risks, it is recommended to limit and control access to sensitive information, establishing a confidentiality regime that includes, at least, an adequate confidentiality agreement.

As a guide, the main phases to patent an invention are as follows :

Patentability study: used to find out if the invention meets the patentability requirements (novelty, inventive step, etc.). It allows reducing risks, avoiding useless expenses, for example, when the patent is unfeasible.

Patent drafting: important and delicate phase since the drafting influences the scope of protection conferred by the patent.

Presentation of the patent application and processing until the granting. The application must be submitted in the country where protection is desired. The international patent (WO) or the European patent (EP) allows speeding up and reducing the associated costs for the patent application in many countries.

The patent confers territorial rights (that is, limited to a specific territory) and usually grants limited protection in time, normally a maximum of 20 years.

We are a team of lawyers specialised in industrial property and we can accompany you in everything you need to protect your invention. Among others:

We draft confidentiality agreements and advise on how to protect sensitive or confidential information;

We analyse the invention and advise on how and where to protect it properly;

We take care of and coordinate everything related to the patent application at a national and international level (patentability study, patent drafting, processing follow-up, etc.);

International legal advice, including the drafting of licence agreements or assignment of patents, utility models, etc;

Defence in case of patent infringement or conflict with third parties.

At techpresident, you will have a specialised lawyer by your side to protect or defend your invention, your new product, in short, your (potential) intangible asset.