Protection
- They are not patentable inventions: discoveries, scientific theories and mathematical methods; literary or artistic works or any other aesthetic creation, as well as scientific works; the plans, rules and methods for the exercise of intellectual activities, for games or for economic-commercial activities, as well as computer programs, etc. Nor may inventions contrary to public order and decency be patented.
- The right to the patent belongs to the inventor or his successors in title. There is a special regime for inventions made by a worker within the framework of his / her employment contract The invention must be new (not included in the world state of the art), involve an inventive step (that the content of the invention does not result from the state of of the art in a way that is obvious to an expert in the field), susceptible to industrial application (manufactured or used in any kind of industry, including agriculture).
- Scope of protection.
National: protection in the national territory.
Community: protection in the countries designated in the application and part of the Munich Convention on the Grant of European Patents. A single application before the European Patent Office (which may be processed by the national Office) and its granting produces the effect, in each of the States for which it is granted, of a national patent.
International: protection via the PCT system (Patent Cooperation Treaty) in each of the states parties to the international Treaty and designated in the application.
The european patent
The European patent provides protection through direct European patent application, designating those European states where protection is sought and that are part of the European Patent Convention.
European patent application may be filed with the OEPM but is processed by European Patent Offices, granting the effect of a national patent in each of the states to which it is granted.
Rights
Patent registration provides protection for 20 years from the date of application and cannot be extended. The patent gives the owner the right to exclusive use and exploitation of the invention protected by the patent and the right to prevent any person from manufacturing, offering, marketing or using a product covered by the patent. If the patent is a process, the protection conferred shall extend to the product directly obtained by the patented process. Obligation to work by the owner or by an authorized third party.
PCT
What is the PCT?
The PCT facilitates the processing of applications for the international protection of inventions when such protection is desired in several countries, it only covers those countries of the world among the signatories of the PCT Treaty (136 to January 1, 2007).
PCT stands for: "Patent Cooperation Treaty".
How can it be requested?
From a patent or utility model previously requested in Spain.
It is not a procedure for granting patents, nor does it replace national concessions, but rather a system that unifies the processing prior to granting.
This procedure allows you to "buy time", since it can delay your decision to enter the national phase for up to 30 months from the international or priority filing date, if applicable, and keep your invention secret for a minimum of 18 months, which It can help you boost your viability and save you unnecessary expense.
The SPTO acts as the receiving office for international PCT applications whose holders are Spanish.
And among all the most interesting is the European Patent.
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