Patent Basic

PATENT BASICS

Definition of Patent

A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem.

Definition of Utility Innovation

A utility innovation is an exclusive right granted for a “minor” invention which does not require to satisfy the test of inventiveness as required of a patent.

Patentable Inventions

New, which means that the invention has not been publicly disclosed in any form, anywhere in the world;
Involve an inventive step, that is to say the invention must not be obvious to someone with knowledge and experience in the technological field of the invention; and
Industrially applicable, meaning it can be mass produced.

Non-Patentable Inventions

Discoveries, scientific theories and mathematical methods;
Plant or animal varieties or essentially biological processes for the production of plants or animals, other than man-made living micro- organisms, micro-biological processes and the products of such micro-organism processes;
Schemes, rules or methods for doing business, performing purely mental acts or playing games;
Methods for the treatment of human or animal body by surgery or therapy, and diagnostic methods practiced on the human or animal body.

Importance of Patent Registration

To exploit the patented invention
To assign or transmit the patent
To conclude license contracts

Duration of Patent

A patent is protected 20 years from the date of filing.

Duration of Utility Innovation

A utility innovation is protected 10 + 5 + 5 years from the date of filing subject to use.

Who May Apply?

Any person may make an application for a patent or for a utility innovation either alone or jointly with another person. The word “person” is not limited to natural persons and thus also includes, for example, a company.