Patent Registration

Patent Registration

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What are patent and patent registration?

Patent registration is a form of intellectual property that gives its owner the legal right to exclude others from making, using, selling, and importing an invention for a limited period of years, in exchange for publishing an enabling public disclosure of the invention. In most countries, patent rights fall under civil law and the patent holder needs to sue someone infringing the patent in order to enforce his or her rights.

In some industries patents are an essential form of competitive advantage; in others they are irrelevant. The procedure for granting patents, requirements placed on the patentee, and the extent of the exclusive rights vary widely between countries according to national laws and international agreements.

Typically, however, a patent registration application must include one or more claims that define the invention. A patent registration may include many claims, each of which defines a specific property right. These claims must meet relevant patentability requirements, such as novelty, usefulness, and non-obviousness.

Under the World Trade Organization’s (WTO) TRIPS Agreement, patents should be available in WTO member states for any invention, in all fields of technology, provided they are new, involve an inventive step, and are capable of industrial application. Nevertheless, there are variations on what is patentable subject matter from country to country, also among WTO member states. TRIPS also provides that the term of protection available should be a minimum of twenty years.

What are patent and patent registration?

Design Patents

Anyone who creates a new design for a product can apply for a design patent. Examples include beverage bottles (think of the shape of the Coca-Cola container) or furniture (such as the kneeling chair).

Utility Patents

anyone who invents or discovers “any new and useful process, the machine, article of manufacture, or composition of matter, or any new and useful improvement thereof” can apply for a utility patent. Examples include the little green drink stopper Starbucks gives out with its cups or the hoverboard type of skateboard.

Plant Pantents

Botanists involved in grafting and creating new hybrid plant forms can apply for a plant patent. Examples include the Smooth Angel rose or drought-tolerant corn.

Patent Registration FAQs

A design patent is protection that applies to a product’s aesthetic look and feels. It should not serve a functional purpose and must be purely ornamental.

A utility patent, on the other hand, applies protection to a product’s functional capabilities, rather than it’s physical features.

Good To Know: Industrial Designs are also known as Design Patents.

Yes you can. As long as your invention fits your local patent office registration criteria.

For your invention to qualify for design registration, it must meet the following criteria:

  • Your design must be an inseparable part of your product. For example, the unique shape of a bottle would qualify for protection. The contents of the bottle, however, will not qualify
  • The design in question is of purely ornamental nature and does not serve any functional purposes

Industrial design annuities are annual fees that are paid to your local patent & design office. They are also known as patent renewal or maintenance fees.

Failure to pay annuities before the predetermined deadline will revoke your ability to enjoy the rights accruable from design patent protection.

Industrial design records refer to an official record of all amendments made to your design registration such as change of ownership, changes in name or address of owner, or changes made to the actual design.

Trademark Registration Process

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