What are the 5 requirements for obtaining a patent?

What are the 5 requirements for obtaining a patent?

Patent application

2. IMPI performs a formal examination of the documentation, and may ask you to specify or clarify information or correct omissions. If you do not comply within 2 months, the application is considered abandoned.  If you comply with all the requirements, the IMPI will recognize as filing date the day and time you filed it. If you do not comply with all the requirements, the filing date will be taken as the date of filing when you comply with the requirement, taking the filing date to determine the priority among the applications, in case there are several persons who independently made the same invention. The patent will belong to whoever has the application with the earliest filing date or recognized priority, as long as that application is not denied or abandoned.

3. A publication of the pending patent application is made after 18 months have elapsed from the filing of the application for registration or recognized priority. Publication may be made earlier than 18 months, at the request of the applicant.

What is a patent?

The solidity and flexibility of the Patent Law has made it possible, throughout its three decades of validity, to combine the stability of its regulatory framework with the necessary changes to adapt it punctually to the Community and international evolution of this sector of the legal system, without the need for a new Law, partial reforms of its articles being sufficient.

The figure of the utility model is also modified in substantial aspects, such as the determination of the relevant state of the art, the type of inventions that can be protected under this modality and the conditions to exercise the actions in defense of the right derived from this title of protection.

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In addition, the regulation of internal priority allows for a period of time the improved filing of subsequent applications and makes it superfluous to maintain an otherwise marginal figure, which has been scarcely used by the holders of patents in force. For these reasons, they are eliminated from the regulation contained in Title X of the previous Law.

What is a patent for?

Patenting an invention is not an obligation, but an option, a strategy adopted to maintain a competitive advantage in the market. Patents grant exclusivity to exploit an invention, allowing its holder to exclude third parties from the use, manufacture, sale and importation of the product or process.  In exchange for this, the inventor must disclose the invention so that it is known to all.

The use of the information contained in patent documents is an effective tool for the planning of any technological development process, since from these documents it is possible to determine the novelty of an invention and its possible patentability and, at the same time, to identify the technology for free use.

There are three fundamental criteria for patentability. These are that the invention has the element of novelty; the second criterion establishes that there is an inventive element, and the third criterion states that the invention can be industrially applied.

From the novelty requirement derives the importance of maintaining the confidentiality of a certain invention before registration is requested. For this purpose, contractual protection through confidentiality agreements will be essential, both with the employees or with the persons to whom the R&D activities are entrusted, as well as with possible investors or persons who for one reason or another will learn about the invention.

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Patents are specific to the activity you plan to engage in. For example, if you obtained a commercial patent for a clothing store and want to expand the business to sell ice cream, you must request a patent extension.

To obtain an alcohol patent you must also register the patent with the Agriculture and Livestock Service (SAG) and present a current background certificate of the person requesting the patent. In addition, the patent must be approved by the municipal council.

Yes, the Dirección de Obras must grant a previous authorization that indicates the place where you want to install your business is suitable for it. This entity must inspect the place and issue a feasibility report. Its intervention is due to the fact that the municipality must ensure that the business premises do not interfere with the regulatory plan of the commune. For example, it is necessary to ensure that a commercial activity is not carried out in an area intended for residential use.

Patents are valid for one year. The exception are the patents for independent professionals, which are paid annually, are valid indefinitely and cost 1 UTM. The municipalities offer the possibility of paying this patent in two semi-annual installments.

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