They symbolize society’s gratitude to inventors who, in exchange for contributing to the technical progress of the community, receive a monopoly on the exploitation of their invention for a certain period of time.

Technical solutions that are new and not obvious to an expert in the field are patentable. Exclusive rights to inventions can be registered through patents or utility models. The main differences between these two forms of industrial property are that utility models last for ten years (instead of twenty years for patents) and are not suitable for complex products or processes, as their nature is to provide protection for “minor” inventions. In return, the administrative process for obtaining them is much simpler, as they are not subject to the novelty and inventive activity examination required for patents.

When registering a patent, it is essential to have a solid description that effectively outlines the invention and defines the scope of protection sought through proper drafting of claims. It is highly advisable to entrust this task to a professional who combines the necessary technical knowledge to understand the “secrets” of the invention with specialized expertise in patent drafting, ensuring the novel technical characteristics of the invention are properly captured in patent language.

Experience shows that the effectiveness of a patent’s protection against unauthorized use of the protected inventive concept will depend on how well the patent is written. The patent’s ability to prevent copying determines its value and is directly related to the economic success of the invention.

At VITRUVIO IP LEGAL, we have the professional team and technical resources to successfully secure a patent, fully guaranteeing success by adapting to the client’s needs and anticipating potential conflicts through the implementation of rigorous and flexible protection.

In line with the current phenomenon of globalization, the patent system is structured to allow protection in any geographic region of interest, without restriction and progressively, in step with the return on investments made to develop the invention and implement its protection. From the first patent registration, there is a one-year priority period to extend the patent to other countries. Additionally, the Patent Cooperation Treaty (PCT) grants an additional eighteen months, opening the doors to virtually the entire world, meaning that it will only be after thirty months (12 + 18) when the user of the system will need to decide on the countries where effective protection for the invention will be obtained.

It is important to note, to avoid unpleasant surprises and subsequent frustrations, that a patent can only be extended internationally during the priority period (one year or thirty months, as mentioned). After this period, the nature of the patent, which involves making an invention public knowledge in exchange for gaining exclusivity in its exploitation, prevents the invention from being protected abroad, even by the initial patent holder, as the invention will then be considered public knowledge by society.