Patent – Overview
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The meaning and extent of the word “patent” can best be explained by considering the following example:
An engineering company has developed a new machine with considerable capital expenditure and intends to prevent competitors from using and selling the improved machine on the market at a reduced rate, thus saving the investment cost.
A patent or utility model application offers protection from unauthorized use of the improved machine being used by other competitors without authorization.
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After the examination of the respective invention a patent will be granted upon application if the invention is considered new and creative considering the current state of the art.
A patent has a maximum lifetime of 20 years (for pharmaceuticals this period may be extended under certain conditions). A patent protects both technical devices (e.g. engines), substances (e.g. pharmaceuticals) and procedures (e.g. methods of production). The protection offered by a patent is not limited to “technical” items; even eatables and pieces of clothing, amongst others, are subject to patent protection.
The patent constitutes an injunctive relief for the owner to prevent others from using the idea protected in the respective country where the patent is valid.
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Firstly, relying on the information concerning the invention, we check whether the respective object basically is capable of being protected as a patent. Secondly, we draft a rough concept for the description of the invention and the formulation of a claim respectively.
It is then it is immediate to be decided whether research has to be conducted first or if it is possible to file an immediate application.
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