Patent Registration
Any process or product that is new and solves a problem is called an invention. New inventions and ideas always tempt competitors to use and exploit them; Hence, different countries created patents for innovators. This privilege will help you to increase the value of your brand by using your innovation, attract the opinion of investors and get the exclusive right to sell it and its privilege. In this process, the most important thing after specifying the conditions of registration, which can be domestic, international or registration in a specific country, is to complete your declaration along with the documents and pay the required fees.
What is an invention registration?
A patent is one of the intellectual property rights whose purpose is to protect inventors and is granted to them for a limited period of time. Patent law protects inventors and innovators by prohibiting the person or persons who intend to buy, sell or export the patent to other countries without the consent of its owner. But note that in exchange for the exclusive rights you receive, you must provide the information and details of your invention to the public.
Patent benefits
In addition to granting the exclusive right to use the invention, patenting generates income, neutralizes competitors, and provides economic and strategic advantage. The most important advantages of patenting include the following:
Exclusive sale:
During 20 years after the patent, the exclusive marketing of the product is in the possession of the inventor.
royalties:
Having an exclusive right to a product or process is one of the other benefits of a patent, which allows the inventor to transfer the right to use the product to another person and receive royalties in return.
Attract investors:
Investors are more willing to allocate their resources to credible projects.
It is an incentive for more innovations: patenting can be an incentive for other employees of the company.
Increasing brand value:
Brands like Coca-Cola have patented their formula and now this intangible asset has increased the brand value of these companies compared to other companies.
It prevents conflicts with third parties:
Infringement is prevented, especially by competitors who have similar technology.
Also, the benefits of patenting do not only include these things, there are many other benefits for the inventor:
- More profit and return on investment
- Greater ability to obtain loans and raise funds
- Benefiting from the facilities of Fanawar and Danesh Banyan
- Promotion of the company or enterprise
- Access to new markets
- Reducing the risk of right defects
- Ability to take legal action against abusers
- Improving position in the competitive market
- Benefiting from the benefits of the National Elite Foundation
- The possibility of participating in national and international festivals and competitions
- Mandatory patenting in many technical know-how sales contracts
- Ability to translate for universities and foreign organizations
- The possibility of establishing a university knowledge-based company according to the subject of your invention
Conditions for Registering a Patent
In order for an invention to be approved and registered by the organization, it is necessary to have a series of simple but practical criteria as follows:
- Be new: An invention is considered new if it has no previous disclosure history and its details have not been disclosed in any document before the date of registration.
- Have an innovative step: An invention is considered to have an innovative step that is not obvious to a person skilled in that particular field.
- Be practical: A patentable invention is considered to be applicable in industry.
Methods of registering inventions
To get a patent, you must go to the patent organization and introduce it by providing detailed information about your product or innovation. After checking the description and conditions, if there is no discrepancy, they register it. In general, for a patent, you can do it in one of the following three ways:
Internal registration
Patent registration is done inside the country through the portal of the General Directorate of Industrial Property. For this purpose, the relevant declaration must be completed and uploaded along with the requested files.
Direct registration in the target country
If you intend to patent a patent in a certain country, it is necessary to send the patent application directly to the patent office of the country in question.
International registration (PCT)
The Patent Cooperation Treaty is an international system that enables inventors to receive the support of all the member countries of this treaty at a lower cost and simply by submitting a request.
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Steps of registering an invention
If you, with your creativity and innovation, have produced a new product that meets the patent requirements and you want to register it, you must go through the following steps:
Documents required for a patent
In patenting, it is very important to have the necessary documents with you and it prevents it from being interrupted for a long time. The following documents are the most important for patenting:
1- Identity documents
In order to register a patent and identify its owner, identity documents are the most important documents that you must carry with you in full and upload to the site as an attachment to the statement. Considering that the inventor can be a natural or legal person, the documents they need are also different.
Documents required by the real owner
- Copy of national card
- Copy of the first page of the birth certificate
- Address and postal code of the owner and inventor
Necessary documents of the legal owner of the invention
- A copy of the National Card and the first page of the birth certificate of the inventor
- Address and postal code of the company and owner
- A copy of the national card and the first page of the birth certificate of the owners of the company
- Copy of the official gazette of the company
- Copy of the official gazette of the latest company changes
2- Description of the invention
One of the most important documents you should include in your invention’s appendices are the documents related to its description. In this part of the documents, you must describe your invention in full and mention all its features. To prepare this document better, the use of maps and related diagrams will help you a lot; The following must also be included:Title of the invention: the general subject of the invention- Technical field of the invention
- Objectives of the invention
- Prior knowledge
- Provide solutions
- Shapes and maps
- Advantages of the invention
- Implementation method
- Industrial application of the invention
3- Invention map
One of the most important documents that should be attached to your application is the invention map, which is in the form of diagrams and pictures from all angles of the invention. To prepare this document, you must keep the following rules in mind:
- The invention map should be placed uniformly and boldly on a durable A4 paper.
- The maximum margin of the paper is 2.5 cm from the top, 1.5 cm from the bottom, 2.5 cm from the right and 1 cm from the left.
- In the map, descriptions are given only in tables and diagrams.
- The scale of all maps or charts must be the same.
- Place items as vertically as possible.
- Items should be clear enough to be copied and reproduced.
- Numbers, letters and symbols must be readable.
- Pages should be fully numbered.
- If a map is more than one page, all the pages it contains must be numbered differently.
4- Patent claim
Claims determine the scope of patent protection. This document must describe the technical or practical features of the invention and be clear and precise. The claims should distinguish your invention from similar inventions in the same field.
5- Documents related to the right of way
If the inventor claims that he has the right of priority in the invention in question, he must also provide evidence of the right of priority.
The total cost of the patent
The cost of patenting depends on various factors, including registration conditions, having a real or legal owner, inquiries, etc. It depends. In general, patenting in Iran is less than in other countries, but many influential factors are involved in it, so you can contact our consultants to know the exact amount of costs.
In general, the main costs that you will face in this way include the following:
- Annual renewal fee
- Issuing a duplicate certificate
- Handling objections for reconsideration
- Granting the right to register the transfer of ownership
- Penalty for late payment of annual renewal fee
- The cost of a certified copy
- The right to register a license or cancel and terminate it
- The right to register changes after the final registration of the statement and claim
- Inquiry fee for transfer
- Registration of statements and claims
- The cost of each amendment of the statement
International patent
Patenting internationally is your first step to enter global markets, to gain high profits. Some people think that international patenting means patenting in one country and known all over the world; But it must be said that this way of thinking is wrong and patenting is limited to geographical boundaries.
However, this process has become much easier today with the PCT treaty. By registering your innovation in the Patent Cooperation Treaty (Patent Cooperation Treaty), all the countries that are members of it will recognize and recognize your patent with full details of its inventor; As a result, there is no need to register patents separately in different countries.
Patent duration
The duration of the patent from the moment of registration of the declaration to the granting of protection varies according to the inquiry authority; But in general and somewhat, the time required to register an invention in Iran, considering the completeness of the documents, is nearly 12 months. If you want to register your invention internationally, it will undoubtedly take longer; Because it must first be approved by the Iranian Patent Organization and then referred to international authorities. In general, an international patent takes about 18 months. The more complete and clearly written your documents are, the less likely it will be rejected; Therefore, you can get the help of an expert to reduce the duration of this process.
Frequently Asked Questions about Patents
What is called an invention?
According to Article 1 of the Patent Law, an invention is the result of the thought of a person or persons who for the first time presents a certain process or product and solves a problem in the profession with industry and the like.
Patents that are registered are protected for how many years?
According to Article 16 of the Patent Law, the invention is protected for 20 years from the time of registration of the declaration, provided that the cost of extending the credit is paid on time (annually). In order to maintain the validity, after one year from the date of submission of the declaration and before the beginning of each year, the amount of registration fee is paid by the applicant.
Patents that are registered are protected for how many years?
No, since the patent is registered, the inventor’s rights effectively start from the date of patent registration and no one else can register it. Also, the inventor can file a lawsuit against the unauthorized use of his invention by third parties. If the patent is registered by another person, it is possible to follow up through the judicial authorities and submit the request for revocation of the patent to the judicial authority.
What conditions must be met for a design to be registered as a patent?
It must have three conditions:
- being new and new at the world level
- having an innovative and creative step
- having the ability to be manufactured and used industrially. (Article 2 of the Patent Law)
What is meant by the newness of the invention at the world level?
This means that the invention has no previous disclosure history anywhere in the world, in other words, if we search for the invention in domestic and international databases, there is no direct equivalent for it.
