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Patents

What are patents?

A patent is a title that recognizes the right to exclusively exploit the registered invention. In return, the details of the patent will be made available to the public for general knowledge.

Inventions are technical solutions to specific problems which may relate to products or processes, aside from some specific exceptions in certain countries.

The protection granted to the patent holder is for a non-extendable term of 20 years. After this 20-year period, any third party may use the patent without the need to obtain the owner’s consent, since it will have fallen into the public domain.

Basic requirements for registration

For an invention to be patented, it must comply with 2 types of requirements.

Objective requirements: Novelty, inventive step and industrial applicability.

  • The invention must be new (novel). The invention must not exist anywhere in the world or at the very least not have been made public by any means. Hence the importance of maintaining the confidentiality of the invention until the patent application or filing.
  • The invention must have an inventive step. This means that the invention must be technological advancement in the industrial or commercial sector in the eyes of an expert. In other words, it must not be an “obvious” invention according to an expert in the subject matter.
  • The invention must possess an industrial application. In other words, it must be capable of being applied to a certain area of industry.

Formal requirements: These are the requirements related to the fees, documentations and steps that need to be followed for registration. It is important to have a patent expert prepare these documents and represent you during the application process.

Patent Background Search

To ensure the successful registration of the invention, it is essential to previously analyze existing inventions worldwide. For this purpose, at KUDU Legal we offer a retrospective report in which we collect a series of bibliographic references of patents published worldwide, which could be related to the applicant’s invention. This also includes an expert’s observations on the matter of patentability. This allows us to determine if the invention complies with the patentability requirements before proceeding.

Non-patentable inventions and exceptions to patentability

Before proceeding with the patent application, it is necessary to evaluate the invention in order to determine whether it is possible to obtain a patent since there are creations that, by law, are not considered inventions (scientific theories, mathematical methods, computer programs). Despite being inventions, some creations are among the exceptions to patentability (diagnostics, surgical or therapeutic methods, biological procedures for obtaining plants or animal variations, among others).

National, European or International Registration

Patent registration grants territorial protection. This means that it will only have legal protection in those countries where it has been effectively registered.

When it comes to protecting your patent, you can proceed in 3 different ways:

  • National route: By filing a patent application in the country in which protection is desired.
  • European route:Through a European patent application in which protection can be obtained in up to 38 countries (28 countries of the European Union and 10 additional ones) at the same time.
  • International Route: Through the PCT system, by which the patent can be applied for in up to 153 countries, by means of a single application.

If your invention seeks to have cross-border presence, it is important to determine the necessary strategy to register, protect and maintain the adequate protection of this intangible asset.

At KUDU Legal, we will offer you a strategic approach combining legal and business expertise to achieve the best protection for your invention.

Other services for Patents

If you have a large number of patents, whether national or foreign, it is essential that all of them are monitored to avoid loss of rights. The control of patents should be done in a centralized way. This allows you to:

Know the status

Know the status of each patent.

Control the annuities

Control the annuities. That is to say, the validity of the patents. If an annuity or maintenance fee is not paid the patent will no longer be enforceable.

Upto Date Data

Keep the data of the patent holder or licencees up to date in each of the registered countries.

KUDU Legal has the capacity and tools to manage your patent portfolio, keep you updated on their status, and communicate the necessary actions for the effective maintenance of all your patents, regardless of the countries in which you require services.

Transfer and license of patents

Patents are intangible goods with economic value and can therefore be the object of business transactions. They can be sold and they can be the object of licenses and other legal agreements.

If you are interested in obtaining international partnerships or competitive advantages in a specific sector, it may be convenient to negotiate patent assignments or licenses to obtain greater commercial returns. If this is your case, contact us and we will evaluate your case.

Actions Against Patent Infringement​

In most cases, inventions involve a large economic investment for inventors and/or entrepreneurs, who are only compensated once they obtain the patent.

The unauthorized use of a patent occurs when a third party uses a patent without the authorization of the owner. Since this is an illegitimate use and can cause very significant economic losses for the holder, it is essential to act as soon as possible.

  If you find yourself in this situation, do not hesitate to contact us. At KUDU Legal we will advise you on the necessary steps to safeguard your interests.

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