Patents are presented as a fundamental pillar to protect innovation and foster the development of any company. Although obtaining a patent may seem costly and complex, the benefits associated with the monopoly on an invention are immeasurable. Below, we explore the relevance of patents, factors to consider before registering one, and the options available to protect your invention.
The publication of a patent positions your company as a leader in innovation in its sector, increasing its business value as it can attract investors and strategic partners.
The process of obtaining a patent is complex and requires precision in drafting legal specifications that determine the scope and validity of the patent. Therefore, it is essential to have the advice of an industrial property agent, who is the professional specialized in industrial property who can guide each stage of the process.
What is a patent and why is it important?
A patent is an exclusive right granted by a State that protects an invention, whether a product or a process, guaranteeing the holder control over its use and commercial exploitation for a specified time, usually 20 years. This exclusive right not only prevents unauthorized use by third parties but also allows monetizing the innovation and recovering the initial investment in research and development.
From an economic point of view, patents are one of the most costly industrial property rights to obtain. However, they offer a significant return by providing a monopoly that allows establishing competitive advantages, licensing the technology, or even generating income through the sale of the patent.
Where can patents be applied for?
The patent application process varies by country, but it is generally carried out through national patent offices. In Spain, the application can be made at the Spanish Patent and Trademark Office (OEPM), or at the Provincial Directorates of the Ministry of Industry and Energy, as well as at the Industry Services of the Autonomous Communities.
To register a patent, you must submit, along with the application form, a descriptive technical report, which will contain a detailed description of the invention, the claims, a summary, drawings (if necessary), and proof of payment of the corresponding fees.
Factors to consider when deciding whether to patent
Before deciding to register a patent, it is crucial to conduct a strategic, technical, and financial analysis. Some key points include:
Nature of the invention:
- If your innovation is related to a product or manufacturing process that can be identified through analysis or disassembly of the product, a patent is the appropriate option.
- If the manufacturing process is confidential and not visible to third parties, a trade secret could be an interesting option.
Life cycle of the invention:
- If the life cycle of your innovation is long, patenting guarantees prolonged protection and the possibility of generating sustainable income.
- For short-lived innovations, options such as utility models or short-term patents are more economical and agile alternatives.
Cost and geographical coverage:
- The costs of patenting vary according to the countries in which you wish to register. The initial application for a national patent is usually achievable, but it is essential to plan the international scope based on the target market.
Timing of application:
- A patent must be filed before the invention is publicly disclosed, as this would prevent patent protection by failing to meet the novelty requirement.
In some cases, registering a patent may not be the best option. Strategies such as trade secrets or defensive publication may be more appropriate depending on the nature and objective of the innovation. For example:
- Trade secret: Protects knowledge without the need to disclose it to the public, ideal for processes not visible in the final product.
- Defensive publication: Publishing details of the invention in a scientific journal ensures that no one else can patent it, positioning the creator as a pioneer in the field.
If you have doubts about what can be patented, where to register your application, or how to best protect your invention, don’t wait any longer! Request a consultation with an intellectual property specialist and discover how to protect your innovation to ensure its success in a competitive market. Your next step could be the key to transforming your invention into a unique opportunity.
