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Patents

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HomeServicesPatents

Patents

A patent is an intellectual property right granted to an inventor to exclude others from making, using, offering for sale, or selling the invention. It gives its proprietor the exclusive privilege of exploiting an invention capable of industrial application.

Inventions refer to a procedure, a gadget, a product or an improvement to them, providing in general terms a new way of doing something or a technical solution to a problem.

Your invention can be patentable provided it offers novelty; it does not fall within the realms of technique and is susceptible of industrial applicability. If this is the case, a patent provides you, its owner, with protection for a limited period of 20 years and may not be used, distributed or sold without your (the patent owner) consent. Violations to this will be sanctioned in a Court of Law.

Patents are granted either by a National Patent Office or by a Regional Office that works for several countries, such as the European Patent Office (EPO) or the African Regional Industrial Property Organization (ARIPO). In accordance with such regional systems, after applicants request protection for their invention in one or more countries, each country decides whether to offer patent protection within its borders. However, under the Patents Cooperation Treaty (PCT), administered by WIPO, the submission of a single international patent application will grant protection in as many signatory states as necessary.

In Gimeno & Juste Associates we are experts in accompanying you through the whole process of filing for your patent application:

Before patenting . We provide worldwide prior art background checks, by searching the OEPM, OHIM and WIPO databases, in order to assess and detect risks of granting registration in your country of interest. We notify you of the patents closest to your invention and advise you on whether they represent an obstacle to the granting of your patent. We give you recommendations ensuring the better protection strategy based on your objectives.

Procedure. We file your application for a Patent in Spain directly or in any other country thanks to our partnership with the most prestigious agencies and correspondents in the world.

Maintenance and monitoring. Until the end of the legal life of your patent.

Transfer. Patents may be licensed or transferred. We will advise you on the revision and drafting of agreements or specific provisions on confidentiality, transfer, technology transfer and licensing of patent rights.