PATENT

Definition

A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem. A utility innovation is an exclusive right granted for a “minor” invention which does not require to satisfy the test of inventiveness as required of a patent.

Patentable Inventions

  • New, which means that the invention has not been publicly disclosed in any form, anywhere in the world;
  • Involve an inventive step, that is to say the invention must not be obvious to someone with knowledge and experience in the technological field of the invention; and
  • Industrially applicable, meaning it can be mass produced.

Non-Patentable Inventions

  • Discoveries, scientific theories and mathematical methods;
  • Plant or animal varieties or essentially biological processes for the production of plants or animals, other than man-made living micro- organisms, micro-biological processes and the products of such micro-organism processes;
  • Schemes, rules or methods for doing business, performing purely mental acts or playing games;
  • Methods for the treatment of human or animal body by surgery or therapy, and diagnostic methods practiced on the human or animal body.

Importance of Patent Registration

  • To exploit the patented invention
  • To assign or transmit the patent
  • To conclude license contracts

Duration of Patent

  • A patent is protected 20 years from the date of filing.

Duration of Utility Innovation

  • A utility innovation is protected 10 + 5 + 5 years from the date of filing subject to use.

Who May Apply?

Any person may make an application for a patent or for a utility innovation either alone or jointly with another person. The word “person” is not limited to natural persons and thus also includes, for example, a company.

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  • Last Modified: Tuesday 02 August 2022, 15:07:20.

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