Patent

Patent

1. What is a Patent

   • A patent is a right granted to an individual who has invented something.
     • A patent is an exclusive right granted on an invention - the product or process that constitutes a new way of doing something, or proposes a new technical solution to a problem The patent holder enjoys of protection for your invention; protection is granted during a limited period, which is usually 20 years old

2. Protectable Subject Matter

   • Useful, new, non-obvious processes and products (machines, mechanical devices, articles of manufacture and compositions of matter, chemical compounds).

3. Government Registration

   • Patent Application—consisting of specification and claims—disclosing the invention, filed by the inventor in each country’s patent office (for example, the Indian Patent Office), examined and issued as patent
     • THE REGISTRATION PROCEDURE IS CARRIED OUT BEFORE THE SUPERINTENDENCE OF INDUSTRY AND COMMERCE

4. Scope of Rights

   • Exclude others from making, using, selling, offering to sell or importing the patented invention, based on the definitions in the claims granted in a particular jurisdiction

5. Duration

   • From issuance of the patent to 20 years from the date of the filing of the national application

6. Legal Basis

   • National Law (Indian Patent Act, 1970), consistent with TRIPS Section 5, Articles 27–34.

7. NESTOR IVAN JEREZ FRANCO, SEP 2019, GRUP 212032-6.

8. Patents constitute an incentive because they represent recognition to creativity and give the possibility of get a material reward for marketable inventions. Those incentives encourage innovation that, In turn, it improves the quality of life.

9. A patent protected invention cannot be manufactured, used, distributed or sold for purposes commercials without the consent of patent holder. As usual, it is up to the courts to impose the necessary measures to make respect the rights that patents confer and sanction infractions in that respect. Similarly, a court can invalidate a patent challenged by a third party

10. The owner of a patent is entitled to decide who can - or not - use the patented invention during the period in which it is protected. 5 The patent holder can grant to third parties an authorization or a license to use the invention with subject to the established conditions by mutual agreement.

    • The holder can also sell the right over the invention to a third party, which will become the new owner of the patent. When the patent expires, the invention happens to belong to public domain; is no longer protected by patent, that is to say that the holder stop having exclusive rights about the invention, which will be available for exploitation commercial by third parties.

11. The first step to get a patent consists of presenting a request. Patent application It usually contains the title of the invention as well as an indication about its technical scope. Must include the background and a description of the invention in a clear language and detailed enough for a person who has a level medium of knowledge in the field can use or reproduce the invention.

    • These descriptions are usually accompanied by illustrative material - drawings, plans or diagrams in the which is described in more detail the invention. The request contains also the "claims", that is, the information destined to determine the scope of protection which will confer the patent.

12. Patents are granted by the national offices of patents or by offices regional performing exam activities for developed groups

13. In Colombia (year 2019), registering a brand costs $ 925,000 (Colombian pesos - online fees-). The cost of registering a trademark is set annually by the Superintendence of Industry and Commerce (SIC), an entity that establishes the official rates applicable to industrial property in Colombia.