Intellectual Property

 

Patents

​A patent for an invention is the grant of a property right to the inventor, issued by the officiating Patent Office. The right conferred by the patent grant is, in the language of the statute and of the grant itself, the right to exclude others from making, using, offering for sale, or selling the invention or importing the invention into the designated countries where the patent is granted. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention. The exclusive grant of a property right obtained with a patent provides the holder with a competitive advantage and contributes to secure their investments in innovation and product development. The creation of a patent application can be crucial in determining the extent of the protection obtained. Our patent services are designed to secure the best possible protection for our clients. We will work with you to determine the optimum strategy for obtaining protection.

We have specislists within all technical fields and offer comprehensive patent related services.

 

 

Future European Community Patent

​The purpose of the proposed system is not to replace but to stand alongside the existing national and European systems. Inventors will remain free to choose the type of patent protection best suited to their needs. The main thrust of this proposal is the creation of a "symbiosis" between two systems: the Regulation of the Community patent and the Munich Convention.

The Regulation will supplement the Munich Convention. The Community patent will be issued by the Office as a European patente, specifying the territiry of the Community instead of individual Member States. As soon as the Community patent is granted, teh Community Regulation will be applied. This requires the Community to accede to the Munich Convention and a revision of that Convention to enable the Office to grant a Community patent. Once the Regulation has been adopted, the external jurisdiction for the Community patent will come under the exclusive jurisdiction of the Community.

The Community patent will be unitary and autonomous, i.e. it must have equal effect throughout the Community. It may only be granted, transferred or declared invalid for the whole of the Community. It will be subject to the provisions of the Regulation and to the general principles of Community law.

 

International Patents

The most successfull and widely used of these treaties is the Patent Cooperation Treaty (PCT), which implements the concept of a single international patent application wich has legl effect in the countries wich are bound by the treaty and wich are designated by the applicant. Once such an application is filed, an applicant receives valuable information about the patent potential of his invention (through the international search report and the optional international preliminary examination report) and has more time than under the traditional patent system to decide in which of the designated countries to continue with the application. Thus, the PCT system consolidates and streamlines patenting procedures and reduce costs, providing applicants with a solid basis for important decision-making.  

 

Spanish Patents

All requests and applications have to be addessed to the Spanish Patent and Trademark Office in Madrid. A granted protection includes all inventions, which represent an inventive activity and novelty which furthermore, are industrially applicable. The duration of protection is 20 years from de date of application.

 

 

 

US-Patents

Ptw also specializes in the application of US-patents, both via PCT-applications and direct national applications through the United States Patent and Trademark Office.

International Trademarks

  The World Intellectual Property Organization (WIPO) headquartered in Geneva, Switzerland has official authority over international trademarks.In 1974, WIPO became a specialized agency of the United Nations system of organizations, with a mandate to administer intellectual property matters recognized by the member States of the UN. The treaties dealing with the international registration of marks and industrial designs are, respectively, the Madrid Agreement (and its Protocol) and the Hague Agreement.

Anybody with the nationality of a state that signed the Madrid Agreement or Protocol, or foreigners with their residence or business established any participating state can apply for international trademarks.

A prerequisite for an international trademark is the previous grant and registration of said trademark in a state being a member of the Madrid Agreement.

 The time of protection and therefore exclusive use is granted expires after 10 years. However, it can be renewed for an additional 10 years.

 

European Patent Convention

This patent offers the protection in all European Union members as well as in some other countries, in total 40 countries. Like the PCT-application, one single application results in a patent in the designated countries. All fees and communication has to be directed to the European Patent Office, until the concesssion has been granted; thereafter the aptent has to be validated nationally. In other words, in every designated country out of the 24 possible members, the national patent office has to validate the patent. Also further payments have to be directed to the individual patent office.

 

Spanish Utility Models

​This concept protects those inventions, which novelty is only national. Moreover, with a duration of appoximately one year, the application procedure is quicker and of subsequently cheaper. Although offering a protection of only 10 years, the Spanish Utility Model offers a quicker grant and with national novelty as requirement a broader qualification.

Once the period of protection has expired, both patents' and Utility Models' exclusive commercial exploitation cease. Without the need of formerly consulting the owner, they become publicly exploitable.

Trademarks/Servicemarks

A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms "trademark" and "mark" are commonly used to refer to both trademarks and servicemarks.

Trademark rights may be used to prevent others from using a confusingly similar mark, but not to revent others from making the same goods or from selling the same goods or services under a clearly different mark.

We will work with you to determine the optimum strategy for obtaining protection in Europe, the United States and worldwide. Where applicable this may include using the International Registration system (Madrid Arrangement and Madrid protocol) in order to keep costs to a minimum. We can also act for you before the Office for teh Harmonization in the Internal Market (OHIM) in seeking Community Trademark registrations.

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