Invention/patent

Patent is an exclusive right obtained for inventions, and can last up to 20 years. The exclusive right prevents other from producing, selling, importing or exporting the patented product without agreement with the proprietor. However, the exclusive right does not apply if the exploitation is non-commercial, e.g. production or import for private use.

In principle you must apply for patent in the respective country protection is desirable. In order to get a patent, the invention must be novel and differ substantially from prior art, worldwide. In addition, the invention must be industrially applicable. As a consequence, not all ideas are patentable. If not you may consider a different form of protection, such as design.

An invention that is to be patented should be a unique idea providing clear effects, but the idea does not have to be high-tech. The idea should be substantially clearly defined, such as structure and production. Not all details need to be provided, but after 12 months from the filing of the first patent application it is not possible to add more details. However, if you need protection for features emerged after 12 months, the new features must be presented in a new patent application. The latter application must exhibit inventive step in view of the first application, and in addition, novelty if the first application in the meantime has become public available.

Design

A design registration gives the proprietor exclusive right to perform commercial exploitation of the registered design. For example, no other than the proprietor or a licensed part can produce, sell, import, export or utilize a product having the registered design. The same applies to products that contain a part or component being protected by a registered design.

Trademark

A trademark registration give the proprietor exclusive right to use the mark as a brand for its goods and services. Only the proprietor van use the trademark or a mark being so similar that it can be mistaken for the registered one, in public relation, business documents, on package or in another manner. This is also the case when the product is meant for export, or is imported.