HOW TO PATENT YOUR IDEA IN YOUR COUNTRY ?

PROTECTING YOUR INTELLECTUAL PROPERTY IN DIFFERENT COUNTRIES

 A patent only protects your invention in the country where the patent is registered.

If you plan to sell or license your invention in another country, you should consider applying for protection in that country. If you don’t, anyone can legally make, use or sell your invention where it hasn’t been protected.

DRAFTING A PATENT APPLICATION

It generally consists of the following parts:

  • Tilte– the title of the invention – concise description of your invention;
  • Description of the invention, in clear language and with enough detail so that a person skilled in the same technical field can reconstruct and practice the invention;
  • 2D drawings – drawings, plans, or diagrams that describe the invention (if necessary);
  • Claims – a clear and concise definition of the invention for patent protection is being sought;
  • Abstract – a summary of the invention.

In order to obtain a patent, the claims part must typically describe an invention that is new, useful and non-obvious in view of the “prior art” that exists. Prior art is a technical term that generally refers to all the public knowledge and inventions that existed before you filed your patent application.

When you apply for a patent in any country, you will generally be required to pay an application fee and may have to pay an examination fee (if an examination of substance is carried out), as well as an annual maintenance fee for the application.

Request a Free Info Pack
The “Inventing for Profit” Guide
Patent Advice/How to Patent an Idea
Confidentiality Agreements
Idea Submission Forms
News & Updates on Innovation
How to file a patent in Germany?

 

In 2020, Germany shot to the top of Bloomberg’s rankings for the most innovative nation worldwide, breaking South Korea’s six-year winning streak. Germany is a thriving European center for innovation.

Filing your patent application with the German Patent and Trademark Office, the DPMA,  secures your priority date. But this does not begin the official examination required to grant the patent. You must file a request for examination and pay the EUR 350 examination fee to begin this process – and you have up to seven years from the filing date to do so. Only filling for a priority date could be a good strategy as it leaves time to conduct a market research and to make sure your invention corresponds to consumer needs.

It can take 30 to 36 months for the DPMA to grant a German patent. Once granted, a German patent is good for 20 years so long as its annual fees are paid.

If you do not live in the country, you must use a patent attorney or an attorney at law in Germany as representative. This representative may also be a or a foreign lawyer who is a national of a Member State of the European Union or of a State party to the Agreement on the European Economic Area authorized to represent an applicant in proceedings before the German Patent and Trade Mark Office.

What does your German patent application must include :

  • a technical description of the invention (including a list of reference signs, if need be)
  • patent claims
  • drawings if you deem them necessary
  • an abstract
  • the designation of the inventor

 

 

How to file a patent in Spain

To file your patent application in Spain, you will need to contact the Spanish Patent and Trademark Office, the OEPM, this secures your priority date. A prior art search must be requested, and the corresponding fee must be paid at the time of filing a patent application. The fees correspond to filing ( around 85€ ) and prior art search ( around 600€ ). Patent applications in Spain undergo formal and substantive examinations.

It can take approximately 21 months for the OEPM to grant a Spanish patent or 12-15 months in case of an accelerated procedure. Once granted, a Spanish patent is good for 20 years so long as its annual fees are paid.

The official language of a patent application in Spain is Spanish. It is not permitted to file applications in any other language, you must use a patent attorney if you wish to file in Spain and do not live in the country.

What does your Spanish patent application must include :

  • a technical description of the invention (including a list of reference signs, if need be)
  • patent claims
  • drawings if you deem them necessary
  • an abstract
  • the designation of the inventor

 

How to file a patent in Italy

Patent applications may be filed in Italy, at the Provincial Offices of the Ministry of Industry or at the Italian Patent and Trademark Office, the IPTO, this will secure your priority date. For filing the patent application it is necessary to fill online a specific form on the platform indicated by the Ministry.

The fees for filing vary if you file online ( EUR 50.00 ) or hard copies, the filing fees are ( between EUR 120.00 and EUR 600.00 depending on the number of pages in the application).

The official examination required to grant the patent, is done directly by the European Patent Office ( EPO ) and sent to the Italian Patent and Trademark Office, which then sends it to the applicant. The search is forwarded to the applicant within 9 months from the filing date, together with communication in which a term is assigned (which is generally of 21 months from the filing date) to eventually reply to objections or to “correct” the application in the light of the finding of eventual patents that can obstacle the grant of the patent.

It can take 30 to 36 months for the IPTO to grant an Italian patent. Once granted, an Italian patent is good for 20 years so long as its annual fees are paid.

The official language of the Italian patent application is Italian. If the application is filed in a language other than Italian, a translation into Italian is to be filed with the Italian Patent Office within two months from the filing date. If you do not live in the country, you use a patent attorney or an attorney at law in Italy as a representative. 

What does your Italian patent application must include :

  • a technical description of the invention (including a list of reference signs, if need be)
  • patent claims
  • drawings if you deem them necessary
  • an abstract
  • the designation of the inventor
The material in this website is commercially focused and generalized information and opinion about successfully working within the existing legal framework of Intellectual Property, patents and patent law; and should in no way be viewed or construed as legal advice. Advisors at Innovate are not and will not be lawyers unless this is specifically stated.

About Innovate

With over 20 years of experience, innovate helps individuals determine whether their new product ideas and inventions could lead to commercial success.

Téléphone: +33(0)187210361
E-mail: contact@innovate-design.fr

Innovate Design

Copyright © Innovate Product Design 2001 – 2019
Le contenu de ce site internet comprend des informations générales à but de développement commercial conforme au cadre juridique en vigueur de la propriété intellectuelle des brevets et des droits des brevets, et ne doit en aucun cas être considéré ou interprété comme un conseil juridique.
Les conseillers d’Innovate ne sont et ne seront pas avocats, sauf indication contraire clairement déclarée.