What is patent?

Patent

“Patent is an exclusive right granted to the inventor or their legal representative in exchange for full disclosure and compliance with registration requirements. In other words, a patent is a right that grants exclusive commercial exploitation to the inventor of a new product or process and is also defined as a ‘new technical solution’ for solving a technical problem.

This right is granted to the applicant based on compliance with both primary and secondary patent conditions and adherence to the relevant registration laws within the intended geographical scope:

Primary Patent Conditions:

Subject of Invention: By examining the registration laws of each country, we find that the patentable subjects in the form of inventions differ slightly from one country to another based on their domestic laws. For example, the challenging issue of patenting software as inventions still varies across different countries according to local regulations.

Inventive Step: The proposed invention should not be obvious to a person with ordinary skill or knowledge in the relevant field. It should be a non-obvious and unpredictable combination of prior knowledge.

Novelty: The applicant must demonstrate the novelty of their claim. The invention must not have been publicly disclosed, either orally or in writing, before the application. This aspect is evaluated internationally by patent examiners.

Industrial Applicability/Utility: The invention must be capable of being transformed into an industrial product or process.

Secondary Patent Conditions:

Unity of Invention: The scope of the patent application must be limited to a single invention. Otherwise, the applicant must narrow down their request and submit additional applications for inventions that violate unity.

Sufficient Disclosure: A patent application must provide sufficient details for a skilled person in the field to implement the claimed invention. Applications based on a mere ‘raw idea’ are insufficient to meet this requirement.

Clarity: The patent draft must be clear enough to support the claimed invention properly from the examiner’s perspective.

Benefits of Patent Registration:

Sale or Licensing: Possibility to sell or license the commercial exploitation rights as the owner.
Competitive Advantage: Creates a business tool that establishes exclusivity and competitive advantage for technology-based companies.
Special Support Facilities: Eligibility for certain special support facilities or incentives.
Contractual Obligations: Often required in various technology transfer agreements or participation in technology markets.
Confidential Negotiations: Enables commercial negotiations without the risk of premature disclosure.
Risk Reduction in Investment Negotiations: Reduces risk in investment negotiations.
Increased Bargaining Power: Provides leverage due to exclusivity.

Types of Patents:

Utility Patents: These cover cases where an inventive or novel process or product with technical features is developed and satisfies both primary and secondary patent conditions.
Design Patents: When a new design is created for industry or manufacturing, its structural appearance can be protected through design patents. The equivalent protection in Iran is known as an ‘industrial design.’
Plant Patents: This type of patent is granted to individuals or entities that have cultivated and developed a new plant variety with improvements over existing samples.

Patent Search Report: A Critical Tool for Innovation and Risk Mitigation

A Patent Search Report is an essential document in the intellectual property (IP) management process, offering a detailed analysis of existing patents relevant to a new invention or innovation. This report aids businesses, inventors, and researchers in determining the novelty of their inventions and assessing potential risks related to patent infringement. By identifying existing patents, the report helps ensure that an invention does not already exist or is not too similar to existing technologies, thereby saving time, resources, and potential legal complications. It also provides strategic insights into the competitive landscape, revealing trends, opportunities, and potential collaborators or competitors in a specific field of technology.

At Karafam, we provide comprehensive patent search reports tailored to your specific needs, whether you require a novelty search, Freedom to Operate (FTO) analysis, or a complete landscape report. Our team of experts conducts in-depth searches using advanced tools and databases to ensure that your innovation is both novel and non-infringing. With our patent search services, you can confidently move forward in your innovation journey, knowing that your intellectual property is fully protected and your business risks are minimized.