December 23, 2024
Patents are essential instruments for protecting inventions or innovations, ensuring that inventors can enjoy exclusive rights over their creations. There are different types of patents, each following specific criteria, ranging from more complex inventions to simple improvements on existing products or processes. In this context, it is important to understand the differences between these types of patents, as well as their legal and commercial implications.
The patent granting system in Portugal, as in many other countries, is governed by very specific rules. These aim to encourage innovation, as well as protect the rights of inventors. In this article, we will explore the main types of patents and the requirements for obtaining each of them. We will address the role of the INPI in granting these patents, as well as the steps for effective registration. Additionally, we will explain their importance, both for companies and individuals who wish to protect their innovations.
There are two main types of patents: the patent of invention and the utility model patent. The patent of invention protects new and non-obvious technological innovations, with a duration of up to 20 years.
On the other hand, a utility model patent covers practical improvements to existing products or processes, with a shorter protection period. Each of these types of patents has specific requirements for registration, as well as providing appropriate protection depending on the type of innovation to be protected.
The invention patent is the most common and broad type of patent, intended to protect inventions that demonstrate novelty, inventive activity, and industrial applicability. According to the INPI (National Institute of Industrial Property), for a product or process to be considered patentable, it must meet specific requirements. For example, it must be novel and not obvious to a person with average knowledge in the relevant technical field. When registered, this type of patent grants the holder the exclusive right to exploit the invention for up to 20 years. Therefore, protection is crucial to ensure that the inventor or company has a competitive advantage, preventing third parties from exploiting the invention without their authorization..
A utility model is a patent focused on innovations in products or processes that, although not entirely new, present a significant improvement over existing ones. This category protects modifications or enhancements that increase the functionality of something already known, but in a simpler way than a complex invention. Therefore, the utility model is granted for a shorter period, usually 15 years, but provides a quicker means of obtaining legal protection for practical and useful innovations. This type of patent is common for small improvements in everyday products.
To obtain a patent, the inventor or company must submit an application to the INPI, which is the body responsible for the examination and granting of patents in Portugal. This process involves submitting documentation that describes the invention or innovation.
Additionally, the application must detail the technical characteristics and the results it offers in comparison to existing solutions. At this stage, the application will be examined for novelty, inventive activity, and industrial applicability. If the patent is granted, the holder will have exclusive rights over their invention or improvement, allowing them to authorize or prohibit commercial exploitation by third parties.
Finally, it is important to highlight that the patent granting process can be lengthy and involves the payment of annual fees to maintain the exclusive right.
The main difference between the types of patents lies in the nature of the innovation protected and the duration of the protection granted. While the invention patent provides broader and longer-lasting protection, the utility model patent focuses on practical innovations but with shorter protection. Thus, these differences directly impact the business strategies of companies, as choosing the appropriate type of patent can influence both financial returns and market competitiveness.
In summary, understanding the different types of patents and their specifics is essential for anyone or any company looking to protect their innovations. The invention patent and the utility model are distinct patents, each with its own requirements and legal implications. The INPI plays a key role in this process, ensuring the technical and legal analysis of the application before granting the patent.
Thus, choosing the correct type of patent can be crucial for the success of an innovation in the market, offering exclusive rights and encouraging technological and commercial development. Finally, investing in patents is a long-term strategy that, when executed well, can result in significant benefits for inventors and companies looking to stand out in the current market.
