A patent is an official document that grants its owner an exclusive right, for a certain period (usually 20 years), to produce, use and sell an invention.
Under the Industrial Property Law, an invention must meet three essential criteria in order to be patentable:
- Novelty: The invention must not have been disclosed to the public anywhere in the world before the application date.
- Inventive step: The invention must not be obvious to a person skilled in the relevant technical field.
- Industrial applicability: The invention must be capable of being produced or used in industry.
Patent or Utility Model?
Not every invention is suitable for patent protection. The utility model certificate, which offers a lower-cost and shorter protection period of 10 years, serves as a practical alternative.
Utility models are particularly effective for protecting technical improvements developed by small and medium-sized enterprises (SMEs), where speed and cost efficiency are often decisive factors.
What to Do in Case of Patent Infringement?
If you believe your patent rights have been infringed, you may file lawsuits for determination of infringement, prevention and/or compensation before the Intellectual and Industrial Rights Law Courts.
As patent disputes typically require detailed technical examination, expert reports play a decisive role in shaping the outcome of the case. Early legal and technical assessment is therefore crucial to ensure effective enforcement of patent rights.
