Patents- Introduction

A patent is an exclusive right granted by the State for an invention that is new, involves an inventive step and is capable of industrial application. It gives its owner the exclusive right to prevent or stop others from making, using, offering for sale, selling or importing a product or a process, based on the patented invention, without the owner’s prior permission.

A patent is a powerful business tool for companies to gain exclusivity over a new product or process, develop a strong market position and earn additional revenues through licensing. A complex product (such as a camera, mobile phone, or a car) may incorporate a number of inventions that are covered by several patents, which may be owned by different patent holders. A patent is granted by the national patent office of a country or a regional patent office for a group of countries. It is valid for a limited period of time, generally for 20 years from the date of filing of the patent application, provided the required maintenance fees are paid on time. A patent is a territorial right, limited to the geographical boundary of the relevant.

In return for the exclusive right provided by a patent, the applicant is required to disclose the invention to the public by providing a detailed, accurate and complete written description of the invention in the patent application. The granted patent and, in many countries, the patent application is made public via publication in an official journal or gazette.

EXAMPLES:

1. An opener for sparkling beverages, conceived by Argentinian inventors Hugo Olivera, Roberto Cardón and Eduardo Fernandez, has been patented in over 20 countries. The product is commercialized worldwide by a company established by the inventors under the trademark Descorjet.

2. Korean motorcycle helmet manufacturer HJC holds 42 patents worldwide for its innovative helmets and has enjoyed enormous success in export markets where it sells about 95% of its products. The company reinvests 10% of its sales in R&D and attaches great importance to innovative design as a key factor of success in the helmet industry.


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