PATENTS

PATENTS

1. Is a legal title granted to an applicant for protection of an invention. It is a registerable form of IP

   • It must be applied for at a patent office by submission of a ‘patent specification’ disclosing how the invention works.

2. BENEFITS : Being the only one who for 20 years can exploit the invention. Exploitation may consist of exclusively and directly marketing the patented product, or through third parties licensing, or transferring the rights obtained through its sale for a third party to exploit the invention. In conclusion, the benefit is economic to the inventor or patent owner.

3. PATENTS ARE REGISTERED IN THE SUPERINTENDENCE OF INDUSTRY AND TRADE S.I.C

4. The process of granting a patent is framed in the following stages:

   • Form Exam: The application is examined formally (30 working days) to verify compliance with the requirements laid down in the legislation, in particular those referred to in Articles 26 and 27 of Decision 486. If there are any form requirements that are not met, the CIS will require the data subject to complete the missing items within two months, which can be extended for another two months. If the data subject does not complete the missing elements, the patent application shall be deemed to have been abandoned. If the request meets the requirements, it goes to the next stage that is the publication.
   • Publication and oppositions: The publication is intended to enable people to know what is being protected through the application and allows them to file oppositions that attempt to undermine the possibility of the application becoming a patent. The applicant must be awaiting any oppositions to the applicant.
   • Application or request for the patentability examination: Within 6 months from the date of publication, the interested party must request an examination of whether the invention is patentable. If the patentability examination is not requested, the application shall be deemed to have been abandoned.
   • Examen de fondo o de patentabilidad:  Dentro de los siguientes seis meses contados desde la fecha de la publicación el interesado debe pedir que se examine si el invento es patentable. Si no se solicita la realización del examen de patentabilidad, la solicitud se considerará abandonada.
   • Background or patentability examination: The SIC examines whether the invention meets patentability requirements. If you find that the invention is not patentable or that the application does not meet any of the requirements for the grant, it will require the data subject. If there is a response to the request, the application is re-examined, if the concept is favorable, the patent is granted if it is denied.

5. Requirements

   • First, it must be novel, i.e. it does not exist globally
   • Second, it must have an inventive level, which is equivalent to saying, that it is not an obvious development for someone who is skilled in the matter that deals with the invention
   • Third, that the invented can be used or manufactured in any industry, that is, it must have an industrial application

6. Fees

   • Fee for filing the application. (Contains the right to file the first 10 claims).
   • Fee per additional claim (from the eleventh claim).
   • Fee for the patentability test
   • If you request extensions to respond to any type of request, conversion, merger or division of an application you must pay fees.

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