Page 43 - IP-HANDBOOK-07-2018

Timing, representations and geographical coverage
1 2 3 Decide when and if to file a patent application
Patenting an invention is a costly exercise. Thus, a cost/ benefit analysis is re- commended before a decision is taken. There are many reasons for patenting an invention:
• To achieve a strong market position and a competitive advantage
• To create a barrier for competitors to use the invention
• To diminish your risks of infringing
• To generate additional income from licensing or assigning the patent
• As a negotiation tool to get access to technology
The application also refers to the inventor and the applicant (owner) of the patent. In some countries inventions made by employees are not automatically assigned to the employer. Also when an independent contractor is hired to de- velop a product the contractor may own all rights to the invention. In both cases the rights are only assigned if specifically stated in an agreement.
1 2 3 Select the geographical coverage
Patents are territorial and need to be protected in each country with a business
interest. The cost for each protected country is significant.
The decision on the geographic scope can be made in phases without losing any
HOW TO OBTAIN A PATENT
• To get access to new markets
During the invention process several changes may occur. By filing a patent application the invention is made public. If changes are made after the appli- cation was filed, those changes which can be valuable may not be eligible for protection anymore since part of the invention was already disclosed. The right moment to file a patent application is therefore an important step to include in the decision making process.
1 2 3 Filing a patent application
The patent application includes the description of the invention and the patent claims and is filed with the technical drawings and a summary of the invention (abstract).
rights. Group Legal & IP can assist in preparing the suitable protection strategy.
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Key Take-Aways
• Patent rights are territorial and can only be claimed if protection is sought within a certain time limit.