Protect your innovative solutions, patents provide legal protection for innovative solutions to technical problems. A patent confers its owner an exclusive right generally limited to a period, the owner holds a monopoly, relative to the object of the patent. Thus, unless there is a prior agreement (e.g. entered into through an Exploration License), the object of the patent is not available for commercial exploitation by third parties.
The possibility of an innovative solution being patentable deserves some comment. In fact, in order to obtain a patent, the innovative solution developed must strictly verify the following steps:
Novelty – must comprise a characteristic not known in the current body of knowledge (state of the art);
Inventive step – needs to contain an aspect (referred to as an inventive step) which should not be corollary or easily reduced by a person with an average knowledge of the subject technique;
Industrial Application.
As regards the legal territory where the exclusive right is granted, it should be noted that the extension of the patent depends on the type of registration made. So, for example:
Portuguese Patent – Protection is limited to the national territory;
European Patent- With a simple application you can designate more than 39 countries.;
International Patent (PCT) – With a simple application you can designate more than 152 countries.
Given the need to combine sophisticated legal knowledge with a high technical expertise, Patent Consulting is one of the most sophisticated branches of Intellectual Property consultancy. It is important to note that an innovative solution can easily become devoid of commercial value if adequate protection is not used. Counseling in this area then adds value in substantial terms to technical creations.
