demo image

MARKS

Yes.
The trademark registration will grant only exclusive rights to use the mark, regardless of the number of years a company has been using the name.

It is recommended to register the trademark, as the registration reinforces the status of the right holder in case of litigation.

Because one of the most important services we have is the daily monitoring of your brand so your brand will be protected.

Yes.
If you are thinking about exporting, you also need to protect the brand in the countries that you will export the products.

The trademark protection is territorial, it other words, the rights you acquire are limited to the country where you submitted the application for registration and registered trademark.

Yes.
The brand is an asset and can be sold.

You will have an economic benefit if you does not have the registration you will not have benefits.

PATENTS

Patents are a unique source of technical information that can be useful for PYME in order to plan their business strategy.
This information can be useful for:

  • Avoid unnecessary expenses looking for what is already known
  • Find solutions to technical problems
  • Meet technologies for licensing and technology transfer
  • Find partners
  • Meet the activities of current and potential competitors
  • Avoid potential violations
  • To assess the patentability of your own inventions

Ideas are not worth enough. They have to be developed, transformed into innovative products and services, and successfully marketed in order for the company to reap the benefits of its innovation and creativity. Intellectual Property, especially patent, is fundamental to transform innovative ideas and inventions into competitive products which significantly increase profit margins. Your SME can use these patents to obtain incomes for royalties through giving Patent Inventions to other companies that have the capacity to sell them. This not only allow your SME to save money, but also it will give you an income from your inventions or employees inventions, even without market investment.

Someone else could patent them: in most countries (except the US), the first person or company who applies for a patent has the right for the patent.

Some competitors make use of your invention, if the product has a success; other companies are very temped with the manufacture of the same product using your invention, and they do not pay for such use. The concession possibilities of licenses, sales or transferring will be greatly hindered: without intellectual property rights, will be difficult the technology transferring and maybe impossible. The transfer of a technology assumes the title of a technology which could be getting through the appropriate protection of the intellectual property.

The right granted by the patent does not protect exclusively the claimed invention but the ones called equivalents, it is means to determine the protection, not only takes into account the content of claims, supported by the description and drawings, but also what is considered equivalent: a medium is considered equivalent if they have the same function, way and result.

Yes, you can do directly country by country chosen, or by PCT or through the European Patent.

In countries where the invention is not protected, the technology of the invention is considered for public domain and anyone can exploit it freely. Hence the importance of patenting in all countries wherever you market the invention.

The procedure, although it may seem excessively long, it is designed for the applicant to "buy time" to avoid having to make a large expenditure at the beginning. The applicant only passes for a phase if he wants to market or implant his patent of the market. In summary, is a procedure with some steps in which only you pass to the next stage when you overcome the previous, allowing the applicant regulate and stagger payments.

Yes. You get the submission date of the application as early as possible against possible later on request.

  1. Marketing the product before patenting: If the product is marketed before patenting it is destroyed the novelty.
  2. Publish the research work before patent them: the publication of invention content prior to the submission of the application form also destroys novelty.
  3. Do not patent the invention and keep it secret.

In the case you do not pay, the yearly payments of the patents will expired.

As a general rule, the right to an employment invention made by a worker hired by a company to perform an inventive activity belongs, unless otherwise agreed, to the entrepreneur to which it depends.

Copyright 2011. All rights reserved - estudioamerica.pe