The patent is the document issued by the State, which establishes the exclusive right that is granted for the protection of an invention, and that empowers the owner to exploit the invention on their benefit or by others with their approval.
In order that an invention be protected or patentable, it must comply with the named patentability requirements, which are: being new, the result of an inventive step and susceptible of industrial application.
The exploitation privilege granted by a patent is temporary, as it has a duration of 20 years counted from the patent application filing date, after this period expires, it will be part of the public domain, which means that any person can use the patent.
Utility Models are also called minor inventions, because they require less inventive range than the required for a patent for their protection.
For a Utility Model be registered, it must meet two requirements: be new, and susceptible of industrial application.
Be considered Utility models the objects, utensils, devices or tools that, as a result of a change in their design, configuration, structure or form, present a different function with respect to the parts that integrate it or advantages in terms of its usefulness.
The document that protects the Utility Model is called registration, which grants its owner a privilege of temporary exploitation, for a term of 10 years.
Industrial designs are protected by registration, granting the owner a temporary exploitation right for a term of 25 years.
The Industrial Designs must comply with the novelty requirements and be susceptible of industrial application.
Industrial designs protect the ornamental or aesthetic aspect of an object, but they must comply with the novelty requirement, that is, they must differ to a significant degree from known designs or combinations of known design features.
Industrial designs include industrial drawings and industrial models, the first being any combination of figures, lines or colors that are incorporated into an industrial product for ornamentation purposes and that give it a peculiar and own aspect; while the industrial models, are constituted by any three-dimensional form that serves as a type or pattern for the manufacture of an industrial product, which gives special appearance as it does not involve technical effects.
In terms of Patents, Utility Models, Industrial Designs, we have a multidisciplinary team with extensive experience in patent searches and background analysis, as well as to propose the best strategies for obtaining the patent or registration, and after registration, the payment of annuities is made, informing in due time the respective periods of payment, and if necessary, defending the patent before the corresponding administrative or judicial authorities.