PATENT/UTILITY INNOVATION

Definition
  • A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, 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.
Importance of Patent Registration
  • To exploit the patented invention
  • To assign or transmit the patent
  • To conclude license contracts
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.
Duration of Protection
  • A patent is protected 20 years from the date of filing.
  • A utility innovation is protected 10 + 5 + 5 years from the date of filing subject to use.