Patents
In today’s fast-paced and technology-driven world, the importance of patents cannot be overstated. Cutting-edge technologies and groundbreaking innovations are being developed at an unprecedented rate, and obtaining robust patent protection has become a critical aspect of business strategy. At CDS-LUTHI, we are at the forefront of this dynamic landscape, helping our clients secure patents for emerging technologies in a variety of sectors, such as pharmaceuticals and healthcare, communications, computing and electronic devices, material science and chemistry, sustainability, and more. Our team of patent attorneys and technical experts possess in-depth knowledge and experience in these rapidly evolving fields, enabling us to navigate the complexities and nuances of protecting such technologies.
We also recognize that every client’s patent needs are unique. Whether you are a startup, a multinational corporation, or a research institution, we are committed to tailoring our services to your specific requirements. Our approach is centered around collaboration and understanding of your business objectives. We work closely with you to develop a customized patent strategy that aligns with your goals, from drafting and filing patent applications to managing your patent portfolio and enforcing your rights across the globe.
Our success lies in our ability to navigate the complexities of patent law with precision and efficiency. We have a proven track record of successfully prosecuting patents, leveraging our technical expertise and legal acumen to overcome challenges and secure strong patent protection for our clients. We strive to be a partner to our clients that not only understands the intricate details of patent law but also keeps abreast of the latest technological advancements.
Explore our FAQs section below for insights on patents and the patent application process. Contact us today at CDS-LUTHI to learn more on how we could help you secure valuable patents and enforce your patent rights worldwide.
FAQs
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A patent is a territorial legal right granted to inventors that provides exclusive protection for their inventions or innovations, allowing them to prevent others from making, using, or selling their invention without explicit permission.
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Patents can be granted for a wide range of inventions, including new products, such as devices and hardware, processes, methods, compositions of matter, and improvements to existing technologies, as long as they meet the patentability criteria of being novel, non-obvious, and useful.
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The lifespan of a patent is 20 years from the filing date of the patent application. Extensions to a patent term are possible under certain circumstances, including patent term extension (PTE or SPC) of regulated medical products to compensate for regulatory delays, and patent term adjustment (PTA) to compensate for patent office-caused delay in the prosecution of an application, currently available only in the USA and China.
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The process of filing a patent application involves drafting a patent specification with claims and a supporting description of the invention, including drawings, if necessary, and then submitting it to the relevant patent office along with the required forms and fees. Before a patent is drafted, prior art searches are used to evaluate patentability and devise a patent strategy.
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The first application establishes an international priority date that can then be used to claim priority for subsequent filings in other countries or jurisdictions. This concept is based on the international treaty – “Paris Convention for the Protection of Industrial Property“. The priority date is a critical date because any public disclosures, sales, publications, or other patent applications after this date will not be considered as prior art against the subsequent filings based on the priority date. The priority established by the first application is set for a 12-month period by which counterpart applications in other jurisdictions can be filed with a right to claim this priority date.
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Prior art refers to any information that is publicly available before the priority date of a patent application. It includes previously patented inventions, published articles, technical documents, and any other publicly disclosed information that could impact the novelty or non-obviousness of an invention.
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During the patent examination process, a patent examiner at the relevant patent office reviews the application to determine if the invention meets the criteria for patentability. The examiner conducts a search for prior art and evaluates the application’s claims, which define the scope of the patent’s protection. Any objections raised by the examiner are communicated to the applicant, which is expected to respond in a timely manner for the examination process to move forward to grant. In some cases, amendments to the claims are required, which may change, typically narrow the scope of protection.
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Key criteria for obtaining a patent include novelty, non-obviousness, and utility. The invention must be new and not publicly disclosed before filing, involve an inventive step, meaning that it should not be obvious to someone skilled in the field of the invention, and have a practical use or application.
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Yes, it is possible to file an international patent application. The World Intellectual Property Organization (WIPO) administers the Patent Cooperation Treaty (PCT), which allows for the filing of a single international patent application that covers multiple territories. The PCT membership currently includes 157 states. A PCT application, in itself, does not legally qualify as a patent, but rather maintains the priority date of the first filing. For obtaining a patent, national, territory-specific patent applications need to be filed within 30 months of the priority date of the PCT application, extendible to 31 months in many territories.
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Patents are territorial rights, meaning that a patent in one country is of no consequences to commercial activity in another country. For example, a UK patent will provide patent protection only in the UK and will have no effect in blocking competitors in France. Thus, the geographical scope of patent protection should be aligned with your underlying business interests.
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A provisional patent is a US-specific temporary application that allows inventors to secure an early filing date for their invention. It’s not examined for patentability and doesn’t grant patent rights. Instead, it offers a 12-month window to file a non-provisional patent application to claim the invention.
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Yes. On 1 June 2023 a Unified Patent Court Agreement (UPCA) came into effect defining Unitary Patents (UP), namely single patents with effect in EU states that are party to the UPCA. The UPCA also created a Unified Patent Court (UPC), which has jurisdiction over UP and other selected European patents. For a transition period of at least 7 years, the UP will exist side-by-side with the previous national patents system.
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No, any public disclosure of your invention, or any of its elements, before filing a patent application may affect your ability to obtain patent protection, as such a publication may destroy the novelty of a later-filed patent application. In some selected countries, such as the USA, Japan, Korea and others, a grace period of 12 months is provided, meaning that a publication by the inventor during that time period may not affect the novelty of the later filed application. However, as most countries do not have such grace period provisions in their patent law, it is certainly best to file an application before any public disclosure to ensure maximum protection. Public disclosure includes any academic publications, patent, patent-related, presentations, conference materials, digital, and even oral disclosure.
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Yes, it is possible to make changes to a patent application after filing, but the extent to which changes are allowed depends on the specific rules and procedures of the selected jurisdiction. Amendments typically need to be supported by the original disclosure and cannot introduce new subject matter to the claims.
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No, an IPR called a “utility model” is also available in selected countries. A utility model is a form of intellectual property protection that is in many respects similar to a patent. The main differences between a utility model and a traditional patent are: a utility model is available for devices or systems and not for processes, its term is shorter than that of patents (typically 10 years as compared to 20 for a patent), and it undergoes a less rigorous examination process, making it quicker and often cheaper to obtain. Utility models are popular in some countries, particularly China.
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To enforce patent rights against infringers, patent owners can take legal action through litigation. It is also possible to negotiate licenses with others to use the patented invention in exchange for royalties or other compensation. Contact our team today to learn more about your enforcement and licensing options.
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Patents are property and thus a patent owner may utilize their patents in any beneficial manner. Patent owners have the option to license or sell their patents to others. Licensing allows others to use the patented technology in exchange for royalties or other negotiated terms, while selling transfers ownership of the patent rights to another party.
Find your IP Expert
Daniel Lerner
David de Vries
Martin Binnes
Richard Luthi
Svetlana Stadler
Ilan Cohn, PhD
Edith Sokol
Lior Cohn
Mirit Lotan, PhD
Tal Lustig
Zvi Jacobson
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