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Protecting a patent
If a company or a physical person is an author of a technical
invention, or a new trademark or a model and a non-existing design, it / he
is in a position to demand exclusiveness and protection for his creation.
Hence, no invention is theft-proof or protected from different kinds of imitations.
Forgery is a commercial phenomena which does harm to the undertakings and
which has to be kept under control. Protection of inventions requires possession
of a patent which is delivered by the Industrial Property Organization (OBI).
A strategic tool | A simple procedure | Prospecting abroad | Useful addresses
A strategic tool
Registration of a patent allows its owner to enjoy an exclusive
right over his invention for a period of 20 years. Hence, the inventor, whether
a physical or a legal person, is alone to decide the use of its patent. He
is within his rights to authorize or to prevent use of his invention. Moreover,
the patent for invention is considered as an arm against forgery. The owners
of patents are within their rights to take action in the court of law in order
to withdraw the standardized product from the market.
The owners of patents must protect their market by proceeding to a minute
analysis of the competition and ensure that the person does not exploit /
use their invention.
Finally, registration of patent asserts the image of inventions and allows
the companies to acquire a most prominent place in the market and distinguish
itself from other competitors.
A simple procedure
The procedure to be followed for registering the patent for
an invention is simple. On the other hand, all the inventions are not (to
be) patented : above all, the invention must be a new one and must be meant
for an industrial use. The ideas cannot be patented but the technical means
used for achieving the latter could effectively be patented. The term "new"
presumes that the applicant for patent keeps the secret of the essential element
of his invention until the time of registering the patent. He should not make
anything public before registration of the patent. In case the patent is to
be used by a third party and the company cannot maintain the secret, it is
advised that one should take recourse to a contract of confidentiality.
Finally, apart from the innovating aspect, the invention must have the creative
aspect as well as imagination and above all involve the curiosity of professionals.
Prospecting abroad
The success of an invention may require that the owner exports
it outside the Belgian territory. Therefore, he may sell or rent out his invention
in the form of an exclusive or non exclusive licence. On the other hand, the
risks of counterfeiting may become more important and that is why it is necessary
to retain protection of his invention abroad.
For that reason he has to register by applying to the Industrial Property
Organization (OBI). A consultant of the office of industrial property may
be able to help him in drafting the patent application. The patent document
must contain a complete and precise description of your invention ( with supporting
drawings and designs). The application with the title "the claims"
will allow you to identify clearly the part of invention which will be protected
to the maximum extent.
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European Countries |
Outside Europe |
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The European patent is governed
by MunichConvention signed by 19 countries.
Participation is ensured in each country by the National Legislation.
One must make only one patent registration
in the Industrial Property Organization and indicate the names of
the countries where one wishes to be protected
Transfer of the patents document
/ application to the European Office of Patents (OEB/ EOP) at Munich
Protection for 20 years in each
country indicated |
Washington Treaty of 1970 called Patent
Corporation Treaty (PCT) allows simultaneous registration of the patent
in 90 countries.
For that purpose one must make a
single patent registration in the Industrial Property Organization
in one of the 11 languages and indicate the names of the countries
where one wishes to be protected
Transfer of Patents document / application
to the World Organisation of Intellectual Property(OMPI/ WOIP).
Protection for 20 years in each
country indicated
This is an advantageous system on
the basis of the document in which one is hoping to seek protection
for 2 or 3 years.
NB : In the case of those countries
which are not signatories to the Washington Treaty , the patent has
to be registered in each country. |
Useful addresses
Industrial Property Organisation
(O.B.I.)
5 Pandanassis Str.
15125 paradissos Amaroussiou, Greece
Tel.:(+301)6828231 - Fax:(+301)6819231
World Organisation of Intellectual Property (OMPI/WOIP)
34 chemin des Colombelles - CH-1211 Geneva 20 -
Switzerland
Tel : + 41 22 73 09 111 - Fax : + 41 22 73 35 428
European Patents Office (OEB/EPO)
Erhardtstrasse 27 - D-80298 München
Tel : + 49 8923990 - Fax : + 49 8923996522
Office of Harmonisation of Internal market (OHMI/OHIM)
20 Avenida de Aguilera - E-03080
Alicante
Tel : + 34 6 5139153
- Fax : + 34 6 5139159
Data Base for European Patents(in french
and dutch)
This site allows you to undertake quick search by name of the application
for patent or by activity inorder to verify rapidly whether or not a patent
is registered.
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TIPS