Intellectual property refers to the legal rights that protect creations of the mind, such as patents, copyrights, and trademarks. These rights encourage innovation and protect the creator or rights holder.
Patents are exclusive rights granted to inventors to protect inventions for a specific period of time. They prevent others from making, selling, or using the invention without permission. Patents are granted in exchange for full disclosure of the invention.
A patent application is a legal document that an inventor or owner of an invention submits to the competent authority to obtain legal protection for their invention. It describes the invention and its claims in detail.
The essential components of a patent application include a detailed description of the invention, claims defining the limits of the protection sought, an abstract of the invention, drawings (if applicable), and identifying information about the inventor and patent owner.
The invention description in a patent application is a section that provides a detailed explanation of the invention. This includes its structure, operation, characteristics, and any relevant information that would enable someone with special skill in the technical field to understand and reproduce the invention.
The claims in a patent application are precise and specific statements that define the limits of protection that the inventor is seeking for their invention. They determine what is protected by the patent and are the most important part of the application.
The abstract of the invention is a brief section that provides a concise overview of the invention. It highlights the most important aspects of the invention in a way that is understandable to people not specialized in the technical field.
Drawings are included in a patent application when they are necessary to better understand the invention. They are especially useful for inventions based on physical products or devices and help illustrate how the invention works.
The inventor and patent owner identification information in a patent application includes the names and addresses of the inventor or inventors of the invention and the patent owner. This helps establish patent ownership and the proper assignment of rights.
A detailed description in a patent application is crucial because it defines the limits of protection and allows others with special expertise in the field to understand the invention. An inadequate description can result in a weak or indefensible patent.
An “independent claim” in a patent application is a claim that is not dependent on other claims in the same application. It stands alone and defines the invention independently, making it the broadest and most important of the claims.
Patent application claims are drafted precisely and specifically to define the limits of protection. They generally follow technical and legal language to avoid ambiguity and provide clarity in defining the invention.
INPI (National Institute of Industrial Property) is Portugal’s national authority responsible for the management and protection of industrial property, including patents, trademarks and industrial designs. This body promotes innovation and competitiveness by granting exclusive rights to inventors and creators.
To register a trademark in Portugal, the first step is to submit an application to the INPI. The application must include detailed information about the trademark and its owner. After analysis and approval by the INPI, the trademark is registered and protected in Portuguese territory.
The EUIPO (European Union Intellectual Property Office), also known as EUIPO or OAMI (Office for Harmonization in the Internal Market), is the European Union agency responsible for the registration of EU trademarks and Community designs. It manages the protection of intellectual property throughout the European Union.
To register an EU trademark with the EUIPO, you need to file an application covering all EU member states. Once examined and granted by the EUIPO, the trademark is protected throughout the EU. This simplifies the process of protecting a trademark in multiple European countries.
A European patent is an intellectual property right granted by the European Patent Office (EPO) that covers multiple European countries. It allows inventors to obtain protection in several European states with a single application.
To obtain a European patent, an inventor must file an application with the European Patent Office (EPO). The application is examined by the EPO, and if it meets the requirements, the patent is granted. Protection is valid in all countries designated by the holder.
The patent opposition proceeding at the EPO allows third parties to challenge the validity of a European patent. After the patent has been granted, anyone can file an opposition within a set period, leading to a review of the granting decision.
A community trademark, now known as an EU trademark, was a trademark registered in the European Union that provided protection in all member countries. It has been replaced by the EU trademark registration system at the EUIPO.
Registering a Community design, now an EU design, with the EUIPO involves filing one application that covers all EU member states. Once reviewed and granted by the EUIPO, the design is protected throughout the EU. This simplifies the process of protecting designs in multiple European countries.
The distinction between the types of patents and utility model considers the following aspects:
- Scope: Patents cover all areas of technology. Utility models do not cover inventions on biological matter, chemical and pharmaceutical substances or processes, food products or processes for preparing, obtaining or making such products.
- Duration: Patents have a duration of 20 years from the date of application. Utility models have a maximum duration of 10 years from the date of application.
- Inventive step: This requirement is more demanding in a patent application, as the invention must not be obvious compared to what already exists, whereas in the case of a utility model application, this analysis is simpler, as it is sufficient that the invention has a technical or practical advantage. It will therefore be easier to comply with the inventive step requirement in a utility model than in a patent.
It is possible to protect or register inventions, in the form of a patent or utility model; signs, brands, logos); and the design of an object (drawings or models).
A Provisional Patent Application is used when you want to register an invention but do not yet have all the formal documents prepared. To do so, you simply need to submit a document that describes your invention in detail. After that, you have up to 12 months to submit the missing documentation, i.e., you have 12 months to convert the provisional application into a definitive patent application. The PPP is a simpler, faster and cheaper way of filing patent applications. Documents can be submitted in the form of master’s theses, doctoral theses, detailed description of the invention; scientific article; or other type of document that describes the invention in detail.
A “state of the art” research in intellectual property is a comprehensive search that aims to identify all technologies and innovations related to a given field. It is carried out to assess the novelty and originality of an invention before applying for a patent.
Typical steps in a patent search process include defining the scope of the search, selecting relevant databases, conducting the search, analyzing the results, identifying key patents, and assessing the risk of infringing those patents. This procedure helps in making informed decisions about the “freedom to operate”.
Failure to conduct “state of the art” research can result in legal issues, such as a patent being granted that is later found to be non-original. This can lead to litigation and invalidation of the patent. Furthermore, failure to do research can result in existing innovations in the field being overlooked.
Intellectual property due diligence is a process of rigorous investigation and analysis performed by companies or investors to assess the intellectual property situation of a company. The process involves analyzing contracts, patents, trademarks, and other intangible assets to identify risks and opportunities related to intellectual property.
The goal of intellectual property due diligence is to ensure that a company fully understands its intellectual property rights and obligations before making strategic decisions such as mergers, acquisitions, or licensing. This helps mitigate legal risks and maximize the value of intangible assets.
“Freedom to operate” in intellectual property refers to the ability of a company to conduct its business activities without infringing on the intellectual property rights of others. This involves ensuring that products or services do not infringe on the patents, trademarks or copyrights of others.
Companies ensure “freedom to operate” by conducting extensive and meticulous research to identify any existing intellectual property rights that may be infringed by their operations. This activity may involve searching patent databases, reviewing technical literature, and consulting legal experts.
Major patent databases include the European Patent Office (EPO), United States Patent and Trademark Office (USPTO), World Intellectual Property Organization (WIPO) and other national and international databases covering patents from around the world. These databases provide detailed information on registered patents and their status.
The most common patent search methods include keyword searching, patent classification searching, patent owner searching, and patent number searching. Additionally, patent searches can be performed using advanced search tools offered by patent databases.
Patent research plays a crucial role in freedom to operate, as it helps identify existing patents that may be relevant to a company’s operations. This allows the company to take steps to prevent intellectual property infringement and minimize legal risks.
In Portugal, intellectual property protection is overseen by the National Institute of Industrial Property (INPI), which is responsible for registering patents and trademarks. There are also agencies that deal with copyright, such as the SPA (Portuguese Society of Authors).
Yes, Portugal is party to several international treaties related to intellectual property, including the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Berne Convention for the Protection of Literary and Artistic Works.
TRIPS is a World Trade Organization (WTO) agreement that sets international standards for the protection of intellectual property, including patents, copyrights, trademarks and trade secrets. It aims to ensure the effective protection and enforcement of these rights worldwide.
WIPO is a United Nations agency that promotes the protection of intellectual property globally. It provides technical assistance, facilitates international cooperation, and administers treaties such as the Patent Cooperation Treaty (PCT).
In Portugal, patent registration procedures are managed by the INPI. Inventors must file a patent application, which will be examined for its novelty and usefulness. If approved, the patent is granted, providing exclusive rights over the invention for a specified period.
Copyright registration in Portugal is not mandatory, as these rights are automatically granted upon creation of a work. However, it is possible to register works with the SPA for evidence and management purposes.
Portugal protects intellectual property internationally through adherence to international treaties and conventions. In addition, the country cooperates with organizations such as WIPO to ensure the global protection of intellectual property rights.
Intellectual property issues play an important role in Portugal’s international trade, as they help protect national products and innovations from unauthorized imitations, promoting fair trade and global competitiveness.
The PUC Intellectual Property Regulation aims to establish guidelines for the ownership, protection and valorisation of intellectual rights resulting from research and development carried out at the PUC or with its resources. It applies to both industrial property and copyright.
The PUC is considered the holder of the intellectual property rights generated from creation, research and development activities carried out by its teachers, researchers, workers, scholarship holders and students, even if they do not have a formal employment relationship.
The inventor or creator maintains the moral right to be mentioned as such in the application for protection of the invention or industrial creation. They also have the right to claim authorship and integrity of the work or invention.
The PUC takes the decision to retain ownership or assign the rights to the inventor or creator within two months of the information being provided. This period can be extended by up to four months if necessary. The decision is taken by the President of the PUC.
If the PUC chooses to assign the rights to the inventor or creator, they acquire the full rights and may retain legal protection on their own. However, the PUC retains a non-exclusive license for academic and scientific use.
The PUC bears the costs of applying for, maintaining, defending and monitoring the industrial rights it holds. These costs are distributed among the organic units according to the budget.
Net profits are shared between the PUC (presidency services and organic units involved) and the creator or author according to defined percentages. The distribution varies according to the amounts obtained.
In the event of a waiver, the PUC must give prior notice to the inventor or creator, offering them the opportunity to assume ownership of the rights in question. If the creator chooses to do so, a contract is concluded for the transfer of the rights.
Intellectual property is crucial to encouraging innovation as it provides legal protection for intellectual creations, encouraging investment in research and development. It allows inventors to share their ideas without fear of unauthorized copying.
Intellectual property can be a crucial part of business strategy, as it allows companies to protect their intangible assets. This can be used to generate revenue, gain competitive advantage and establish strategic partnerships.
Technology transfer involves the transfer of knowledge, innovations or technologies developed in an academic research and development environment to the commercial sector, with the aim of transforming ideas into viable products or services.
The steps include identifying the technology, assessing its feasibility, negotiating agreements, developing commercialization plans, protecting intellectual property, and monitoring its use. Technology transfer is a complex process that requires the support of experts from several areas.
Technology transfer strengthens collaboration with industry, increases funding for research and development, and promotes economic development. In addition, higher education institutions and associated laboratories can benefit financially through royalties and licensing agreements.
Key challenges to technology transfer include evaluating technologies, negotiating complex agreements, managing conflicts of interest, and adapting innovations to the market. Overcoming these challenges is essential to successful technology transfer.
Technological entrepreneurship refers to the creation of new businesses based on technological innovations. It involves transforming ideas and knowledge into successful business ventures. It is a fundamental component of technology valorisation activities.
Startups can acquire technologies already developed by academic institutions or companies through technology transfer. This approach saves developers time and resources, allowing them to focus on further innovation and product development.
Academic spin-offs are companies that originate from academic institutions, often based on innovative research and development. They occur when inventors take on the task of promoting value through the creation of a business project to commercialize their discoveries, exploring the most diverse commercial applications.
A licensing agreement is a legal agreement that sets out the terms and conditions under which a licensee may use a licensor’s intellectual property. It defines rights, obligations, duration, and compensation, including royalties, if applicable.
Licensing models vary, but the most common include exclusive licensing, non-exclusive licensing, and sublicensing. In exclusive licensing, only one licensee has exclusive rights. In non-exclusive licensing, multiple licensees can obtain rights. Sublicensing allows a licensee to grant rights to third parties.
In licensing, an IP holder grants another the right to use the IP while retaining ownership. In selling IP, the holder permanently transfers ownership of the IP to another party. Licensing can generate ongoing royalties, while selling is a one-off transaction.
A sector licensing model refers to the adaptation of licensing strategies to meet the specific needs and practices of an industry. Different sectors may have unique approaches to licensing intellectual property.
Royalties are periodic payments made by a licensee to an intellectual property rights holder. These payments are a form of compensation for the use or exploitation of intellectual property and are often based on percentages of sales or revenue.
Tiered royalties are payments that vary based on the performance or success of the licensed technology. For example, royalties may increase as sales of products using the technology increase, encouraging the mutual success of the parties involved.