Can an idea be registered?

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Joywtome21
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Joined: Sun Dec 22, 2024 8:11 am

Can an idea be registered?

Post by Joywtome21 »

In our legal system we have Law 24/2015, of July 24, on Patents . A patent is a set of rights that the inventor has regarding a product. The patent protects the owner's idea so that it cannot be used or distributed for commercial purposes without the owner's consent .

If you have an idea, it is best to patent it, in order to have all the exclusive rights to it and avoid plagiarism. It is best to put yourself in the hands of patent and trademark lawyers , who will be able to guide you and give you specialized advice.

As indicated in art. 4 of the Patent Law : Inventions that are new, involve inventive activity list of contact numbers in philippines and are susceptible to industrial application are patentable in all fields of technology.

Therefore, it is possible to register an idea. It is required that it is a new creation and that it does not already exist on the market, it must be 100% original .

An invention is only patentable if it is:

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Novel and without previous disclosure.
It is distinguished by an inventive activity that is not obvious to an expert in the corresponding technology.
Susceptible to industrial application, that is, it is physically possible to manufacture the invention.
The following inventions are not patentable : discoveries, scientific theories, mathematical methods, literary and artistic works and aesthetic creations, as well as scientific works, plans, rules and methods for games, for carrying out intellectual activities or for economic-commercial activities, computer programs (although there are software inventions that can be patented) and ways of presenting information.

But it is not only important to patent it, another way to protect your idea is through industrial property rights. While you are developing the invention, it is the best option to protect your idea. Once you have developed your invention, the next step is to patent it. You must protect your idea.

How to patent an idea ?
There are two bodies that can be used to register an idea:

Spanish Patent and Trademark Office ( OEPM) , which depends on the Ministry of Industry, Trade and Tourism.
Intellectual Property Registry , dependent on the Ministry of Culture and Sport.
You have to keep in mind that the patent has territorial limits , that is, it is only effective in the country where it has been registered. If you want to extend your patent to other countries, you will have to patent your idea in them.

Patent protection has a time limit: it is usually 20 years from the date of filing the application, although it includes a first year of international protection, which can be extended for another 18 months to protect our idea worldwide.

Phases
Applying for a patent is a legal procedure regulated by deadlines and very formalistic.

Submit the patent application, together with the applicant's details, a description of the invention, claims, drawings (if applicable) and a summary. Pay a fee.
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