Eureka, I Had An Innovative And Practical Idea! Where Do I Have To Start To Make It Only Mine?

Author:Mr Alejandro Benvenuto
Profession:Clarke, Modet & Co
 
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Not everyone has great ideas and, whenever they have them, they do not dare to make them real and turn them into solutions or products accessible to everyone. But those who indeed do it, must follow a series of guidelines so that they may enjoy the exclusive rights that their invention might provide. Moreover, aside from the public recognition, an economical incentive is never a bad idea, and even less after so much work. In this paper, we will explain how to register a patent that once was an idea of a product or a process, and how we can help you to make it. But before, let's deepen into the value of a patent and why it is so important to use it.

What is a patent?

For the World Intellectual Property Organization (WIPO), a patent is 'an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem.' However, not all inventions can be patented. In order to be able to file a patent application, it is necessary that an idea or invention fulfills certain characteristics:

It must be of practical use - no, the drill you saw on the Internet used as a device to eat corncobs is not practical. It must have novelty - the microwave oven was patented in 1946, so you'd better don't even try to do it. It must show an inventive element which could not be deduced by a person with average knowledge of the technical field - if anybody could come up with the idea, and anybody can perform the idea like you do, we are deeply sorry. Besides, depending on the country and its regulation regarding this matter, certain discoveries cannot be patented like scientific theories or medical treatments.

What is a patent use for?

To decide who will, or will not, have access to your invention. To give permission to third parties to use your invention on mutually agreed terms. To sell your rights to the invention to a third party. How do I apply for a patent? (Without dying in the attempt)

In Venezuela, the agency that grants patents is the Autonomous Service for the Intellectual Property (SAPI, by its initials in Spanish). The steps to obtain it are:

File a patent application for an invention, utility model or industrial design. In the following 30 days, SAPI will revise the filed requirements. In the case of not fulfilling them, the application will be returned....

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