Overview
A patent requires demonstrating that the innovation is new, involves an inventive step, and is capable of industrial application, requirements that need careful technical and legal assessment before filing a registration application.
We carefully distinguish between what deserves patent registration and what's better protected as a trade secret, particularly for technology companies where the full disclosure a patent requires may not suit the nature of their innovation.
Regulatory Basis
Patent registration falls under the Patents, Designs and Industrial Models Law, which sets eligibility requirements, registration procedures, and the duration of protection.
Patent Registration Steps
We begin with a technical and legal assessment of the innovation to confirm it meets novelty and inventiveness requirements, before preparing the registration application with the required technical detail.
After submission, the application undergoes technical examination by the competent authority before approving registration and issuing the patent certificate.
Who Needs This Service
A company that developed a new technical innovation and needs its eligibility for patent protection assessed before publicly disclosing it.
A company negotiating a license for a patent it holds to another party and needs the licensing agreement structured to protect their rights.
We notice that some inventors disclose details of their invention publicly, whether in an investor pitch or a marketing post, before filing a patent application, a move that can cost the invention its novelty requirement if this disclosure is considered to have revealed the invention before the official filing date. We always recommend reviewing any planned disclosure in advance if a patent is on the table as an option.
Additional Considerations
When full disclosure isn't suitable for the nature of the invention, this connects with our trade secrets service as an alternative protection path.
For companies negotiating a patent license to another party, this agreement deserves drafting under our commercial contracts and agreements service.
Common Questions
Does every innovation deserve registering as a patent?
No, some innovations are better protected as a trade secret, particularly when the full disclosure a patent requires harms the company's interest more than it protects it.
How long does patent protection last?
The duration varies based on the applicable regulations, and we clarify this specifically within our assessment of your innovation's registration application.