1. What is the IP or IP?
According to the world Organization of intellectual property (WIPO), intellectual property (IP) is a type of property. In this way, we can say that its owner or holder can dispose of it as he pleases and than any other natural or legal person available legally its property without his consent. Of course, the exercise of this right is subject to limitations.
The IP is divided into industrial property containing different mechanisms of protection on inventions related to the industrial sector, such as patents, utility models, trademarks or industrial designs; and copyright for literary, artistic and scientific creations that have to do with the human intellect.
2. What is the IP?
It is a type of PI. Inventions are solutions to technical problems and industrial designs are aesthetic creations determining the appearance of industrial products. In addition, industrial property includes factory or trade marks, service marks, names and commercial designations, including indications of source and appellations of origin, and protection against unfair competition. Here, the feature of intellectual creation is less prominent and raw industrial applicability, but what matters is that the object of industrial property typically of signs transmitting information to consumers, specifically with regard to the products and services offered in the market, and that the protection is directed against unauthorized use of such signswhich most likely misleading consumers to mistake, and against misleading practices in general.
In summary we can say that he includes patents, utility models, trademarks, industrial designs and geographical indications of source and appellations of origin.
3.-What are the requirements for a patent?
They must meet three requirements:
1. The invention must be new. The European Patent Convention defines this requirement in article 54: "it is considered that an invention is new when it is not covered by the State of the art". The State of the art consists of "all that prior to the date of filing of the application of European patent or the priority date, if it exists, is made available to the public by means of a written or oral, description, by use or by any other means."
2 It must involve inventive activity. The invention not be evident for an "expert in the field", that is a professional who knows the technical field which includes the invention.
3 It must be susceptible of industrial application. The invention must be susceptible to use in any field of industry, including agriculture.
4-Who and where should I write?
You must go to the service of research management and transfer of technology (SGITT)-(OTRI) research results transfer Office, and ask for Alicia Blaya Alicia.Blaya@ua.es (9370) or Pilar López P.Lopez@ua.es (2235).
5-Where can I find the necessary forms?
If you contact with us personally, we will solve all your doubts and you will be guided with the processing, but through the OEPM can access all the necessary forms according to the mechanism of protection.
If you want to access the forms of internal management of IP in the OTRI, you can access the section of our website.
6-What protection granted a patent?
The patent has a duration of twenty years extendable, counted from the date of filing of the application and produces its effects, primarily the right to prevent anyone manufacturing, offering, marketing or the use of a product subject of his patent, from the day that publishes the mention of which has been granted (art.49)(, art. 50 LPE).
The publication of the application in the official bulletin of Industrial property, once requested the completion of the report of the State of technical grants a temporary protection until the patent is granted, which consists of the right to demand compensation, reasonable and appropriate to the circumstances, anyone who makes use of his invention, between that date and the date of publication of the mention of the patent has been granted (art.63 LPE).
The grant of the patent is made without prejudice to third parties and without the State guarantee as to the validity of the same and the usefulness of the object upon which rests (art.37.2 LPE).
The effects of the patent are limited to the national territory.
7-Who should be the owner and who the inventors?
As holder shall always University or institutions to which belong the researchers and inventors as investigators observed. When patents are transferred to the market, they would have an impact on the curriculum of the inventors involved in the patent.
8-What rights do the inventors?
Patent protection means that the invention may not be made, used, distributed or sold commercially without the consent of the owner of the patent. Enforcement of patent rights is usually respected in the courts that, in most systems, have the power to punish infringements of the patent. In the same way, a court may also declare invalid a patent if a third party obtains satisfaction in a dispute related to the patent.
A patent holder has the right to decide who may - or may - do not use the patented invention during the period in which the invention is protected. The patent-holder can give your permission, or license to third parties to use the invention according to terms established by common agreement. The holder may also sell the right to the invention to a third party, which will become the new holder of the patent. When the patent expires, also expires the protection and the invention happens to belong to the public domain; i.e. the owner ceases to hold exclusive rights to the invention, happens to be available for commercial exploitation part by part of third parties.
9-Can publish or disseminate the invention before patenting?. is incompatible?
If it is completely incompatible to publish before patenting because it would break one of the requirements of patentability, it would have worldwide novelty, and therefore the patent would be directly denied. But it is feasible, patenting and past a reasonable time to make the publication.
10-How to protejo a computer program?
The procedure for the grant of patents and substantive requirements vary from one country to another. In particular, vary significantly practices and case law existing in relation to the patentability of inventions relating to computer programs. For example, in some countries means that "inventions" must have "technical character" pursuant to the law of patents, and are not considered patentable inventions computer programs as such, while that in others there is no such requirement so that computer programs are usually patentable subject matter.
In Spain specifically, computer programs may be protected under copyright. However, the protection of copyright shall only cover expressions, but not the ideas, procedures, methods of operation or mathematical concepts as such. It is also feasible to patenting of software, but only when the machine that came with the invention requires that software to function.
11-Can I protect an idea?
The ideas can be protected only if they have been concretizadas, in other cases I can never protect an idea. Therefore, any idea, concept, improvement plan or other solutions not verified and concretizadas in the form of something material are excluded from patentability. Under patent law, an idea can be protected only if it is incorporated into an invention that meets the requirements for a technical problem. In addition, the law of copyright does not protect ideas, procedures, methods of operation or mathematical concepts as such.
Universidad de Alicante
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Tel: (+34) 96 590 3400Fax: (+34) 96 590 3464