In particular, they are not regarded as inventions:
- 1. Discoveries, scientific theories and mathematical methods;2. aesthetic creations;3. Plans, Rules and methods for performing mental acts, playing games or doing business, and programs for computers;4. presentations of information.
Protection for your technical inventions
From everyday objects to sophisticated high-tech products: Economically successful ideas are often copied or imitated. With patents you can use your technical inventions (innovative products or processes) protect against unwanted imitation.
Patents reward their owner with a temporary and spatially limited monopoly of use. At the same time, they fulfill an important information function: The publication of the invention provides incentives for further research and development. Inventors and consumers alike benefit from this promotion of innovation and the increase in knowledge.
Patents make business decisions easier
Patents also play an important role in business decisions. They show strategies and development tendencies and set incentives for the further development of the state of the art. Patents can also be of interest when evaluating a company. A company's patent portfolio represents an important property asset and provides information about the innovative strength of a company. Patent protection strengthens companies in global competition and is an important location factor.
Importance for technology transfer
In addition, property rights can increase the motivation of a company's employees: If a company files a patent for an employee's invention, the latter is entitled to compensation for the inventor.
Patents also play an important role in technology transfer: You can help, To find partners for further developments and entrepreneurial cooperations or to be useful, to raise funds. Patents contribute to this, to secure high development costs. Successful marketing strategies enable reinvestments, which in turn are the engine for research and development.
Invention is 20 Years protected
A patent does not automatically come into being with the application for a German patent- and Trademark Office (DPMA). First, the invention must successfully pass the legally prescribed test procedure. It is investigated, whether the subject of the application is new to a person skilled in the art, is based on an inventive step and whether the invention is disclosed in a feasible manner and is commercially applicable. With the publication of the patent grant in the patent gazette, the protection arises- and right of the patent holder to prohibit. A granted patent is effective for a maximum of twenty years, starting the day after registration. However, there are exceptions for medicine- and plant protection products.
Cross-border protection possible
subject to patents, like all other industrial property rights, the principle of territoriality and only apply in the country or in the area, for which they were granted. You can therefore only assert rights from a patent granted by the DPMA within Germany.
But of course there are options, to extend a patent application to the DPMA to other countries.
License inventions
As a patent holder, you can exploit your invention yourself and secure an exclusive position on the market. You are able to, To make it difficult for competitors to enter a certain market segment or even to obstruct them. You can also sell your property right, inherit or one for it License forgive. With a license, the patent owner transfers the exploitation to someone else, in return, he receives royalties.
You can make inventions, for which a license agreement pursuant to § 23 Patgan or a non-binding declaration of interest in licensing has been submitted, online in DPMARegister research. These search options support applicants and owners of intellectual property rights when looking for a licensee and companies and management consultants when looking for licensors.
Utility model – the quick alternative to a patent
The non-binding license interest declaration can also be submitted for utility models, the quick and inexpensive alternative to a patent. The utility model offers protection similar to that of a patent, but the registration procedure is considerably shorter, because the invention is not technically tested (and is therefore easier to challenge).
Overview of the state of the art
A patent search reveals the state of the art in the context of the invention presented in the patent application. Searching patent databases and literature can help you, to avoid expensive and unnecessary double developments. Also the danger, infringe third-party property rights, you can prevent it. Research enables you, to better assess the risk of impending nullity suits against your intellectual property right.