Introduction
Patents promote technological development by granting inventors time-limited monopolies for the commercial use of their inventions. A patent is a legal document that describes the technical details of an invention and gives the owner the right to exclude others from using it.
In Europe, there are two systems for patent applications. National systems accept applications for patents that are only valid in the respective country. Alternatively, the European Patent Office (EPO) grants European patents, which must be validated in the member states. There are two options for this validation: First, the classic validation in individual countries, where the patent must be separately validated in each desired member state. Second, there is the option of a patent with unitary effect, also called unitary patent, which automatically becomes valid in all participating EU member states without requiring separate validation in each country.
International patent applications (PCT applications) allow the submission of a single document in one language for potential patent protection in multiple countries. This is recognized by most patent offices worldwide and simplifies the first step of the international protection process for an invention. However, it is important to note that a PCT application does not directly lead to a patent. It merely gives the applicant time (usually up to 30 months from the priority date) to decide in which countries national or regional patent protection should actually be sought.
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Patents - Fundamentals
Patents require that inventions are new, inventive, and industrially applicable.
Novelty means that the invention must not have been made available to the public before the filing date. Some countries, such as the USA, grant a grace period of one year.
An inventive step (also called inventive activity) means that the invention must not be obvious to a person skilled in the art.
Industrial applicability is another criterion and refers to the possibility of manufacturing or using the invention. In many countries, medical treatment methods and diagnostic methods performed on the human or animal body are excluded from patentability.
Patent Applications
Patent rights are granted as a privilege in exchange for the complete disclosure of an invention. To formalize this exchange, patent applications must follow strict formatting guidelines and include detailed technical information.
A central component of each application is the specific patent claims. These precisely define the scope of protection for the invention.
To ensure transparency and promote technological progress, patent applications in most jurisdictions are made accessible to the general public 18 months after the priority date.
Patent Search and Examination
Search: Upon receipt of a patent application, the patent office searches its databases for relevant literature to examine the novelty and inventive step of the application.
Substantive examination: A patent examiner analyzes the application in detail and compares it with the identified state of the art. This examines whether the invention is actually new and based on an inventive activity.
Examination report: The examiner drafts a report listing any deficiencies or objections to patentability.
Applicant's response: The applicant has the opportunity to respond to the examination report by presenting arguments or amending the application.
Further examination: The patent office examines the applicant's response and decides whether further objections exist or whether the application can be allowed for grant.
Patent grant or rejection: If all requirements are met, the patent is granted. Otherwise, the application is rejected.
Granted Patents
Term and Validity
Standard term: After grant, a patent is typically valid for 20 years.
Territorial limitation: Enforceability is limited to the country in which the patent was granted.
Special regulations: In exceptional cases, particularly for pharmaceutical inventions, extended protection may be granted.
European Patents
The European Patent Office (EPO) grants European patents. These can subsequently be converted into national patents of the EPO member states. This enables efficient protection in multiple European countries.
Contestability
Even after grant, the validity of a patent can be publicly challenged. After the patent grant, third parties have the opportunity to file an opposition against the granted patent for a certain period of time.
This underscores the importance of careful patent application and defense.
Contact Details
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- Huber & Schuessler Patent Attorneys, Truderinger Strasse 246, D-81825 Munich, Germany
- info@patservice.de
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