Questtions:

1- What is an invention?

2- When a creative work is considered as a new one?

3- When an invention is considerate to have an inventive level activity?

4- When is an invention subjected to be industrially applied?

5- How many years does a patent last?

6- What rights does a patent grant?

7- What is PCT?.

8- What is a trademark?

9- How long does a trademark register last?

10- How can you obtain the right upon a trademark?

11- What rights does the registration grant?

What is an invention?

An invention to be patented is the solution to a problem of technique that is considered to be a new creative activity in the world which has industrial use.

When a creative work is considered as a new one?

This happens when this work is not comprehended in the technical state. It means, this work may not be known publicly by an oral or written description, its use, commercialization, or any other aspect before the date of patent appliance presentation, or in case of remarkable priority.

When an invention is considerate to have an inventive level activity?

If a person who masters the technique this invention is used for, does not see it as obvious or if the invention is not derive directly from the technique state.

When is an invention subjected to be industrially applied?

When its object can be used or produced by any king of industry including that related to any productive activity and services.

How many years does a patent last?

A patent lasts for 20 (twenty) years from the date of its appliance presentation before an administrative authority.

What rights does a patent grant?

A patent grants the right to forbid third parties who do not have its owner's approval:

• To reproduce the patented product or use the procedure.
• To commercialize, sale, use or import the patented product.

What is PCT?

Patent Cooperation Treaty is designed to simplify and make effective and economic the process to be applied for patent protection of inventions. This process is achieved in several countries at a time by the presentation of an application form before a national office or WIPO (World Intellectual Property Organization) Office in which all country members are included without using the traditional process or country-country method.

What is a trademark?

A trademark is a sign used to distinguish products or services in the market if it can be graphically represented. We can consider as a trademark:

• Words or combination of words.
• Images, forms, symbols, graphics, logos, monograms, portraits, brands, emblems, and shields.
• Sounds and fragrances.
• Letters and figures.
• Color delimited by a shape, or a color combination.
• Shapes of a product, or its recipients, or packages.
• Any combination of signals or other aspects indicated in previous items.

How long does a trademark register last?

A trademark register is valid for 10 (ten) form the date of its approval and it could be renewal every ten years and the renewal is presented six months before the expiration date of the register, though there is a period of six months after the expiration date known as period of grace that the owner of the trademark can use to process his/her demand for renewal.

How can you obtain the right upon a trademark?

The exclusive right upon a certain trademark is granted through the registration of it before the corresponding administrative authority.

What rights does the registration grant ?

Registration grants the trademark owner the right to forbid third parties could achieve the following activities without his/her authorization:

• To use it or put the trademark or an identical or similar distinctive sign on a product which the trademark or sign was registered for or used in the presentation of services.
• To eliminate or modify the trademark with commercial purpose.
• Reproduce brands, recipients, packages, covers, or other materials which could reproduce or contain the trademark, as well as commercialize these materials.
• To use an identical signs or one similar to the trademark for other service or products in market since such an use could cause confusion or a wrong association to the owner to the register.
• To use an identical sign or one similar to a well-known trademark for products or services in market because this situation could cause unfair economical or commercial damages to the owner to the owner of the register due to a weakening of distinctive power, or commercial/ publicitary power of a trademark, or even due to an unfair advantage taken out of the prestige of the trademark or its owner.