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Why Should I register a Patent?
A patent protects you and your small business towards others simply jumping in and taking your idea and earning money off of it without contributing to its improvement.
The World Intellectual Property Organization (WIPO) states in their web site that “A patent is a legal doc that grants the inventor (or applicant) the precise to prevent others from utilizing, making or importing into the country (or region) the patented invention for a interval of 20 years from the date of filing”.
Which means as an inventor, you may prevent others from utilizing your concept for a interval of 20 years or until a newer, comparable invention is made. During this time, you might be legally entitled to gather royalties on your invention.
By documenting your concept and applying for a patent, you might be in a position to prevent others from merely stealing your idea. Unfortunately, there are firms and people who will search to take action, believing that no one will challenge their proper to the invention. In reality, this is commonly far from true. It is often the case that multiple events may hold a declare to an invention. That is where the need for a registered patent becomes critically important.
What is Article 10 of the European Patent Convention (EPC)?
Simply stated, Article 10 of the European Patent Convention (EPC) allows a person who has a right to initiate patent proceedings in one member state, the place these proceedings proceed, to appeal to another member state in opposition to a decision in the primary state. The main function of this provision is to permit a person who has an invention and whose nation of origin doesn't supply favorable conditions for the establishment of a patent right to hunt protection in another member state.
However, this right of attraction can only be invoked by the one that possesses the fitting to provoke the first patent application in the Member State concerned. Furthermore, this proper can only be invoked as soon as the patent application has been submitted to the EPO. In plain English, this means that you, because the inventor, have to use for a patent within the country where you could have lived for the past 5 years or extra (if you're a authorized resident of another country you'll have to apply for a permit to stay and work in Spain).
After you have filed an utility with the EPO, you possibly can appeal against any objections, together with those raised by third parties, in any country throughout the European Economic Area (EEA). When appealing, it's important to submit a statement of causes which should embody all the related info regarding your invention. Failure to take action might end result within the rejection of your appeal.
You will need to level out that the appropriate of attraction supplied for in Article 10 of the EPC applies solely to actions by the State by which the choice beneath appeal is issued. Therefore, the proper of enchantment doesn't cowl actions by different states, together with administrative and fiscal actions, such as the enforcement of a patent granted in one state against a social gathering primarily based in another state.
How Do I register a Patent?
To properly protect your invention, you must register a patent in all of the international locations where you plan on selling or manufacturing your product. Failure to take action could render your invention unmarketable. In addition, you must notify the EPO of any international patents which might impression on the gross sales or advertising and marketing of your product.
The patent registration process in Spain is relatively easy. Upon getting filed an software with the EPO, within 12 months it's essential to go to the Oficina de Notaría (N.°4) in your local city to register the patent. You'll need to offer proof of your applicant standing (i.e. your nationality) and pay a registration charge of €300.
It's a requirement of the EPC that you notify the EPO of any existing patents which may be related to your software inside a interval of 12 months from the date of filing. The penalties for failing to do so are included within the registration fee you pay (i.e. a €500 penalty applies to the first 12 months of your registration, €300 per yr thereafter).
Who has to pay the registration price?
As acknowledged above, the registration price is paid by the applicant itself. However, if you are making use of for a patent from a city apart from your residence (e.g. from Madrid), then the local government might request an additional charge (at present set at €1500). This quantity is payable by the applicant.
How long does it take to get my Patent?
In most international locations, the means of acquiring a patent will take three to four years. However, in countries with a high volume of patent functions, such as the U.S., it could actually take up to 12 years. The cost of this delay is that you and what you are promoting may lose a lot of money, as you aren't receiving any royalties during this time.
To chop by way of the red tape and facilitate the obtainment of a patent as soon as potential, it's advisable to have interaction the services of a qualified patent lawyer. Patent attorneys often work on a contingency basis, that means that they won't cost you until you win the case. In some countries, akin to Spain, you might be entitled to a legal assist grant, which can cover part of the litigation costs. The other half must be paid by you.
Patent litigation can be difficult and time-consuming, which is why it is advisable to rent certified counsel. Along with chopping by way of the red tape and minimizing the danger of lawsuits, patent attorneys also keep track of all the legalities surrounding the patent and might answer any questions you might need relating to the registration course of. Furthermore, they can advise you on one of the simplest ways to maximize the value of your invention and protect your online business against potential infringers.
What are the steps concerned in the registration process?
When filing an software with the EPO, you will need to present proof of your applicant standing (i.e. your nationality) and notify the EPO of any current patents which could be related to your utility inside 12 months of the filing. The applicant is normally required to pay the registration fee inside 12 months of filing. This is different from registering a traditional commerce mark, the place the fee is only due as soon as the mark has been utilized in commerce.
Along with the above, after getting registered your patent with the EPO, you will need to usually renew your registration. The renewal course of is usually very easy and can solely require you to pay any further charges due on the basis of the number of years that have passed since the original registration was filed. In most nations, there is no additional payment to renew your patent once it has been registered with the EPO.
What happens after I register a Patent?
After you have registered your patent with the EPO, you and your corporation are legally entitled to forestall others from using your invention for business functions with out your consent for a interval of 20 years. During this time you might be legally entitled to collect royalties on your invention.
After 20 years, you might want to renew your patent. Similar to with conventional marks, you will have to pay an extra price to the EPO to renew your patent. However, unlike with conventional marks, the renewal of your patent can be automated and you will not have to apply for it. The only thing you have to do is to pay the charge, which is usually €500 per yr.
By registering a patent you might be able to ensure that you and your business can cease others from profiting from your invention with out having to threat litigation or negotiate licensing agreements with third events. The one thing standing in the way of you and what you are promoting turning into wealthy patent homeowners is bureaucracy. However, with just a little bit of patience and an understanding of exactly what's entailed within the patent registration course of, you may minimize the chance of litigation and successfully navigate the advanced system to create a profitable enterprise, protect your invention and collect your earnings.