Before you consider how to patent a product, let’s check if it is even suitable for patenting. Not every product can be the subject of a patent. Protection is granted only when
the product contains an invention, i.e., a technical solution that meets three basic criteria:
On the other hand, the following are not subject to patenting: in particular:
The scope of inventions that can obtain a patent is very broad — from simple technical solutions (e.g., improvements to everyday objects) to advanced technologies. It is worth remembering that the patent procedure can be complex and in practice often requires the support of a patent attorney.
A patent grants a monopoly on the use of an invention within the territory of the country in which it is granted. This means that third parties may only manufacture, use, or sell a product or method covered by the patent with the permission of the patent holder, for example, under a license.
In practice, a patent:
Before you start preparing the application documentation:
If the solution has n previously disclosed, its novelty may be challenged, which often results in the patent application being rejected!
The first step is to calmly analyze the answers to several key questions:
Very often, it turns out that the entire product does not require protection, but only one mechanism, module, or method of connecting parts. This part becomes the focus of the future patent application.
The next step is to check whether the solution used in the product is actually new. To this end, a prior art search is carried out, which involves reviewing what has already n disclosed in:
The prior art search allows you to:
For the product owner, this is the moment when the decision is often made whether to invest in a patent or to look for another form of protection (e.g., trade secret or utility model).
The next decision concernswhere and how broadly the product should be protected. There are several options:
At this stage, it is also worth assessing:
After the first application in the selected country, there is usually a 12-month period in which protection can be sought in other countries, while maintaining the priority date.
The next step is to prepare the documentation for the application. The patent application consists of several key elements that defineexactly what is the subject of protection. The most important of these are:
The documentation must be complete and comply with the formal requirements.
The date of filing the application with the office iscrucial, as it determines the priority in the event of conflicts with other applications. The first application has an advantage over all subsequent applications.
What happens to the product after the patent application is filed? After the application is filed, the office carries out a preliminary formal review and then examines the content of the application. Typical steps include:
At the same time, the product owner can continue:
It is important to remember aboutperiodic fees for maintaining the patent. Usually, they increase
with each year of protection, and the maximum period of protection for an invention related to
a product is up to20 years, counting from the filing date.
In practice, several problem patterns recur in the market:
Conscious management of these areas significantly increases the chances of obtaining protection
with real market value.
A well-planned product patenting process allows you to transform an innovative solution into a real business advantage that can be defended in a dispute
and used in negotiations with partners, investors and competitors.
It is an investment spread over the years, but crucial for companies that are building their position on their own technology.
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