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Important Things You Must Know To Patent Your Invention

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A patent is an official acknowledgment by a public office that someone owns an invention or rights in an intangible good such as an invention or design.

This recognition serves to give that person the right to use the patented, either personally or by transferring it to others for financial compensation.

What can be the subject of a patent

Not any idea can be patented but only what is provided by the regulations, which is:

Inventions that must be novel, produced by the inventiveness of the person who owns it and must also be applicable to industrial utilities. They may consist of inventions that produce biological materials, even some that already exist if a way is found to produce them artificially.

Utility models is also an invention but it is less important than the previous ones: it is, for example, about discovering a new application of something that already exists or giving it a new configuration or structure.

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Complimentary certificates for the protection of medicines and plant protection products

Scientific theories, mathematics, and works of literature, games, computer programs or the ways of presenting information, biological realities or parts of the body cannot be patented, regardless of whether some of them may be subject to intellectual property, as we will see below.

It is also forbidden to patent things contrary to morals or public order, such as cloning or genetic manipulation of people.

Patent law

It is up to the inventor who is who can patent; If there are two or more independent inventors who obtain the same invention, the right will belong to the first to patent it.

A special case is an invention that a worker of a company achieves as such: if he is hired to carry out this investigation, the economic rights will be held by the company, always according to the contract they have signed.

For the inventions of researchers from public institutions and centers, they belong to the public center but the researcher has certain rights to participate in its economic benefits.

Intellectual property

Intellectual property rights are totally different from patent rights, although both may exist at the same time (they are compatible) if an invention also appears in intellectual work.

Property protected by this right includes:

  • Books and other published documents, printed matter, letters, speeches, reports or the like.
  • Any musical composition with or without lyrics.
  • Theater plays, choreography, pantomimes, etc.
  • Audiovisual works: movies, telefilms, TV programs.
  • Paintings, sculptures, drawings, engravings, lithographs, comics, etc.
  • Plans, models, designs, engineering or architectural projects.
  • Maps, charts and topography, geography or scientific designs.
  • Photographs.
  • Software.
  • Title of the works.
  • Translations and adaptations
  • Musical arrangements,
  • Other transformations, summaries, updates, etc.
  • Databases or collections of other works.

All these works have two types of rights for their author, moral (non-transferable) and economic.

Moral rights

They are rights that the author has and that he will always have, he cannot transfer them to others.

It consists of deciding whether the work is disclosed or not, whether it is published under the name of its author or under a pseudonym, and demanding that it be recognized as an author.

Demand respect for the integrity of the work.

You can always withdraw your work from circulation, but in this case, you will have to compensate whoever has the economic rights if it is not him.

Access rare manuscripts or copies of the work when another has them for editing or publication.

The author can designate people to take care and exercise part of these rights after his death.