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The patent is a temporary title of property over an invention of model of usability, provided by the State to the inventors, with the purpose to protect your creation.
The obtaining of patents register ensures the safe and exclusive use all over the national territory; this prevents that competitors use your product. That is, it provides to the holder rights to prevent other people from producing, using, selling, importing, etc. the protected object without your consent.
The Register of patents is accomplished at INPI – National Institute of Industrial Property, in a long process, that requires support with deadline accomplishing, involving steps that require technical and legal knowledge. The non-accomplishment of these steps may result in the loss of the rights.
The patent is a title of exclusiveness and it ensures to its holder rights of using it in the most convenient way.
For those who seek for investing in innovative products, the register opens a big advantage in the market and the certainty that nobody will commercialize your product, unless you decide to license it.
Besides protecting your product, the register of patent will provide you to commercially explore its technology, inclusively expanding the commerce to other countries where the product is protected, reservation of market for a period of time; facilitate investments, loans; licenses; etc
When one has in mind to register a patent, the first step is to perform a previous research, thus not taking the risk to invest time and money, and having your request denied.
It is an important indicative to decide whether you start the request or not, because it is through this request that you identify if what you intend to request already exists, besides evaluating if the request attends to the requests of patentability.
The product needs to be new and original, something that did not exist or that generates an improvement in something that exists.
Besides being new, the product needs to generate new functionality.
The product needs to have series manufacture in the industry
Industrial Draw is classified as a type of patent and it differs from the patent of invention and model of utility for not protecting the functionality, but the ornamental and aesthetic shape of the products.
The draws that are new are the ones to be registered – when it was not made public in Brazil or abroad before the deposit – when resulting from a distinctive visual configuration in relation to other previous objects, including resulting from the combination of acknowledged elements. The industrial draw may be found in several products, such as clocks, glasses, jewelry, ornamental pattern of fabric, electronic equipment, vehicles, package, among others.
Besides the patentability requirements, in order to be protected as industrial design, the object needs to accomplish another requirement:
Unity of industrial draw and variations:
The request must refer to a unique object. Up to 20 configurative variations are allowed, since they keep the same main distinctive characteristic and be aimed at the same purpose.
There are two classifications of patents:
1) P.I. – Patent of Invention – It is the patent granted to the invention that does not have a similar one in market, or best, it is entirely new. Its protection will be ensured for 20 years.
2) M.U. – Model of Utility – It is the patent granted to the inventor or object of practical use, or part of it, susceptible of industrial application, that presents new way or disposition, that results in functional improvement in its use or in its manufacture. Its protection will be granted for 15 years. Example: Machines, Instruments, etc.
The Law of Industrial Property (LPI) excludes from protection as invention and as model of utility creations, ideas, intellectual activities, scientific findings, methods or inventions that can not be manufactured (produced in industrial scale.
Software that can be patented is the one that makes possible the functioning of a machine, computer or equipment. That is, essential for the existence of the product itself. The apps or utilities, that do not need to be present so that a machine can work, they are liable of the register of a computer program (Source code) or copyright registration.
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