Patents
Patents, that's what a patent office is all about. At Custos IPC, it is no different. Intellectual Property (IP) / Intellectual Property (IP) is a wonderful field in which we enjoy working every day. In addition to general information on patents, trademarks and designs, our experts happy to share their specific knowledge, experiences and insights.
Meaning patent
A patent, also known as a patent, is an exclusive right granted to the inventor of a new product or process or to his assignee. This right gives the patent holder the exclusive right to prohibit third parties from making, using or selling the invented product or process. Also, this right allows for licensing. The validity of the acquired right is usually a period of up to 20 years from the date of filing of the patent application. Patents are granted by government bodies such as the European Patent Office (EPA) in Europe or the United States Patent and Trademark Office (USPTO) in the United States. To obtain a valid patent, the invented product or process must be new and inventive, or non-obvious, to one skilled in the relevant technical field.
Patents play a crucial role in protecting intellectual property and encouraging innovation. Inventors and entrepreneurs are offered rewards for their creativity and investment in research and development.
Applying for a patent
The process for applying for a patent varies depending on the country in which you want to apply for the patent, but in general a number of steps are similar. The general steps of the process for applying for a patent:
- Researching existing patents: you can commission a patent search to determine whether the invention is new and inventive. This helps assess the chances of success in obtaining a patent and preventing infringement of existing patents.
- Drafting the patent application (by a patent attorney): the application must contain a detailed description of the invention, including claims defining the scope of protection. It is important that the application contains all relevant information, it is not allowed to add information to the application later.
- Filing the patent application: once the patent application is ready, you choose the country where you want to file the application first. Within a year of filing this first application, the patent application can be extended to other countries.
- Examination and assessment: The official government body carries out an examination, called a novelty examination, to assess the novelty, inventiveness and industrial applicability of the invention. This examination takes place within a year so that the results of the examination can be taken into account when deciding whether to submit the application in other countries as well.
- Grant of the patent: After the application process is completed, the patent is granted and you receive a patent certificate. In some countries, the patent is always granted even if the examination shows that the invention is not new or inventive. It is then up to third parties to possibly challenge the validity of the patent through the courts. In other countries, a patent is only granted if the invention is found to be new and inventive. A patent is valid for a maximum term, usually 20 years from the filing date. To maintain the patent for this period, maintenance fees must be paid, in most countries every year.
Cost of a patent application
The cost of obtaining a patent can vary greatly depending on several factors, such as the country in which the patent is applied for, the type of invention, and the complexity of the technology. In general, the cost of obtaining a patent consists of the following aspects:
- Initial costs: The cost of having the patent application written and the cost of filing the patent application with the official body. Amounts range between €6,000 - €10,000, depending on size and complexity of the application.
- Renewal process: The costs incurred during the patent application process vary from country to country and from invention to invention. They can amount to several hundred euros in countries where a patent is granted automatically. In countries where a substantive review procedure takes place before the patent is granted, these costs can amount to several thousand euros.
- Annual preservation fees: After obtaining a patent, and in some countries even during the term of the application, preservation fees must be paid to maintain the patent or application. These costs also vary by country and increase as the patent ages.
If you would like to read more about patents, brands and designs, check out our 'collective memory'. This database contains all kinds of articles related to Intellectual Property. Ranging from short facts to in-depth long reads.
