BGA

International Patent

At present, there are no “global” or “international” patents. However, the so called international system of patents PCT -The Patent Cooperation Treaty- provides a unified procedure for filing patent applications which may include most of the world countries.

One of the most important advantages of the PCT procedure is the fact that a single filing of an international application will cover all the designated countries, unifying the procedure before one single Office and entailing a significant cost reduction.  Additionally, the possibility to extend the patenting decision, grants the applicant the opportunity to reflect where and how this protection is sought, identifying possible target markets, the possibility to find partners (licenses) or to evaluate the technical scope of the invention.

Nevertheless, the PCT Patent is not a patent itself.  Instead, after the international phase (with a maximum duration of 30 months after the application date or the priority date) it will be necessary to fulfil the requirements for entry into the national phase.  These requirements include paying national fees and in some cases filing translations of the application.

European Patent

Patents are granted for a specific country or territory.  Therefore, a patent application must be filed in each country on which you are seeking protection.  However, in some regions –like Europe- there exist “regional “offices to handle the complete procedure before a unique body, in this case the European Patent Organization (EPO).  It is also the case of the African Regional Intellectual Property Organization (ARIPRO), Eurasian Patent Organization (EAPO), or with the Harare Protocol (on Patents, Designs and Industrial Models).

In the case of European Patents, the EPO completes all the application procedure until its eventual granting.  Once the patent has been granted it has the same effect than the applications filed in the Member States of the region.  Please note that, a national validation petition must be filed in each of the contracting states for which it is granted in order to secure the patent protection.

National Patent

The World Intellectual Property Organization (WIPO) defines a patent as the exclusive right granted for an invention that provides a technical solution to a problem or a new way of performing something that implies an improvement in relation to the existing knowledge.

To be patentable, an invention must fulfill the following requirements: 

• Novelty – some new characteristic not previously known
• Inventive step – which could not be deducted by a person with average knowledge of the technical field
• Industrial Application – it must be of practical use on the industry

If you are the owner of a patent you will have the right to decide how and who can use your invention during the period of time under protection. At BGA we advise you on how to use this patent title so can be a truly exclusive property of your own. We provide orientation on how to exploit, sell or license your patent to third parties, assigning the corresponding rights to a new holder. 

Stop others from taking advantage of your R & D efforts. All you need to know about Patent Registration

If you or your company have developed a product, or a process to obtain it, you should maybe think about protecting it. Inventions are susceptible to be protected and in BGA we advise you about the best alternatives to achieve this goal.

A patent will secure the exclusivity of your invention for a period of 20 years as from date of application. In BGA we offer you the possibility to register your invention in Spain, Europe or anywhere in the world. 

Procedure Outline – Spanish Patent

Procedure Outline – European Patent

Countries affiliated to the PTC patent

Member States of the European Patent Agreement

The so called “Associated” States” are nowadays: ALBANIA, BOSNIA and HERZEGOVINA, CROATIA, YUGOSLAV REPUBLIC OF MACEDONIA and SERBIA. These States recognize the European Patents as valid – they can be validated and it is therefore possible to obtain protection in the territory -. The incorporation of NORWAY is expected shortly.