An idea alone is not protectable. It represents an abstract until you actually do something, whether it is a creation, app, book, or design a business with it.
After you decide what to do with that idea, we can analyze in which category it falls. We might be talking about trademarks, copyrights, patents, designs, etc.
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Intellectual Property is a beautiful field, and since it covers ALL your ideas, it must be properly protected. Here are a few tips on what to take into account when choosing your Intellectual Property attorney:
– You need to find someone who is a fit for you. You will get the vibe. Your heart will know when the person is the right one to work with you.
– The attorney needs to understand your industry, whatever that is, so they can tell you what to protect and how so you will know your business is solid.
– Your attorney will become an invaluable business partner for you, your to go person when you have any questions. You need to know you can reach them and they will be there for you to reply any questions you have, not just sending you to a website and to download a template.
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A utility model:
– Is an exclusive right granted for a creation.
– Allows the owner to prevent third parties from using the protected creation if they do not have his authorization, during a limited period of time.
– Provides a technical solution to a technical problem.
An industrial design:
– Protects the external aspect of a product.
– Can be two dimensional or three dimensional.
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On previous posts, we explained that industrial designs protect the ornamental or aesthetic aspect of an article. It is the right given to its owner to exploit it exclusively.
Industrial designs protect the external aspect of a products, as long as it is proven that said aspect is new and it has a unique character, which can be three-dimensional, such as the shape of something, or two dimensional, such as patterns, lines or colors.
One of the benefits that its protection grants, is the possibility to prevent others from manufacturing, selling or trading articles that are copies of the protected design, when the main purpose is commercial.
These rights are given for a limited period of time, which in most countries is 10 years.
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– It gives you a place in the market from a different perspective, since you know your products or services are duly protected.
– You are protecting against the competition, so they will not be able to copy your products or services.
– If you have exclusive rights on your trademarks, designs or patents, you will be able to negotiate licenses, franchises or any other contractual agreement from which you will receive money compensation.
– It increases the commercial value of your company and allows you to introduce yourself in other markets.
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It is the right given to a trademark owner, within six months of filing in the country of origin, when he wants to pursue his priority rights in a different country.
These rights are mentioned on the Paris Convention and it is valid for countries who accept it.
Once the period of time has expired, he will not be able to do it. There is a distinction provided it is:
– Trademark: The right is valid for six months.
– Patents and utility models: The deadline is extended to twelve months.
– Designs, drawing and industrial designs: The deadline is six months.
In order to have a valid priority right, the owner needs to file a priority certificate from the country of origin on each country he wants to claim said rights, within the mentioned deadlines.
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We have previously informed that, in order to be considered a patent, any creation must be a novelty. To determine that, it is important to perform a search of antecedents to be sure the registration does not exist.
We must point out that you must avoid any publicity or promotion of your invention, because if this happens, it lacks novelty. The product must have industrial application.
Companies often register a patent and then they expand to other countries claiming priority. They do this to widen the product’s commercialization and receiving the economic compensation for the license contracts they signed after the registration.
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In our last post, we explained the differences between patents and industrial designs. If you have not read that post, follow this link.
As we mentioned, industrial designs provide an innovation to the appearance and characteristics of the product and its ornamentation. This gives an additional advantage to the use or manufacturing. Both two-dimensional and three-dimensional shapes are protected from an aesthetic point of view.
The design must be new, meaning the applicant must know for a fact that no other person is commercializing something similar.
By registering it, the owner is granted an exclusive right to use it and prevent third parties from reproducing or replicating it without authorization. In case the owner gives authorization to commercialize the design, he will also receive an economic benefit.
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Patents protect inventions relating to machines, apparatus, devices, procedures and products, and they must have an industrial application, novelty and inventive application.
Industrial designs protect the products’ appearance, adding a benefit to the use of said product, whether it is two-dimensional or three-dimensional. That is the reason why, the same product may be registered both as a patent and an industrial design.
In both cases, the owner has exclusive rights and he will benefit from the fruits of its commercialization. Patents’ rights last for 20 years since it has been applied. After said time, it remains as public domain. In the case of industrial designs, they last 5 years and they may be renewed for two more periods of five years each.
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1) Not having the correct legal advice from an attorney specialized on intellectual property matters.
2) Speaking about your invention before registering it.
3) Not doing the correct searches in order to determine whether it is a patent, a utility model or an industrial design.
4) Signing contracts licensing the use of your invention without taking precautions.
5) Negotiating with a potential investor quickly without being careful.
6) Showing your invention on social media or means of communication before it is registered.
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