The value of patents
A granted patent is a very powerful tool for the protection of an invention. The patent provides exclusivity for a certain technology and may be used for protecting market shares for sales or create value in other ways. A patent holder that is not able to produce the protected invention may for example create revenue by licensing out the patent.
Our extensive knowledge of commercialization of new technology together with a deep knowledge of patent law makes us the ideal partner for finding the right type of protection for your intellectual property assets.
Our ambition is to always build long-term relationships with our clients.
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FAQ
I have an idea, but I don’t know if I should patent it or apply for a design protection?
I have an idea, but I don’t know if I should patent it or apply for a design protection?
Patents are used to protect technical solutions, and do not protect the design as such. Designs, on the other hand, are not concerned about technical functions, but protect only the design. Therefore, it depends upon if the idea is primarily of a technical nature, of if it for example is a novel design of a product which is already known. In many cases, design protection is also an inexpensive way to supplement a patent protection.
Is a Swedish patent valid in the whole world?
No, it is only valid in Sweden. All patent rights are, as a rule, national.
Can I apply for a worldwide patent ?
No, there is no such thing as a ”world patent”. In principle, all patent rights are national, even if there are a number of shortcuts to facilitate the application procedure. One example is a so called international application, under the Patent Cooperation Treaty (PCT). However, in order to result in one or several granted patents, a PCT application must enter the respective national phase in all countries in which protection is desired within about 30 months from the first filing date. Thereafter, these national applications have to be prosecuted in a way which is similar to that for a regular national application before each respective national patent office. This way, costs and administration are delayed. Importantly, the final decision of protection countries is also delayed. Furthermore, it is possible to save on costs if the novelty search for the PCT application shows that the invention is essentially already known. In that case, the costly national applications can be avoided altogether.
In Europe, central prosecution and grant of a patent is available.
It it possible to apply for a European Patent ?
Should I wait until I receive a granted patent in Sweden before applying in other countries?
No. In order to be able to use the so called priority right, patent protection should be applied for in other countries within 12 months from the date of filing of the first patent application regarding a certain invention. In case the first application was filed in Sweden, no Swedish patent has typically been granted yet at the expiry of the 12 month period. By way of exception, protection may be requested abroad prior to the publication of the first application, which takes place about 18 months after filing. This requires that the contents of the application have not previously been disclosed in some other way.
When can I start talking about / showing my invention?
As soon as a patent application describing the invention has been filed, the technology can be disclosed to third parties. However, it may be wise to use a non-disclosure agreement
In what ways does a patent attorney add value?
A patent attorney can advice about suitable protective strategies based upon the actual situation of the client. In case the client wishes to protect a certain technology, the attorney drafts an entire patent application after having received sufficient instructions from the inventor. After filing, the attorney takes care of all correspondence with patent offices and especially selected attorneys across the world in accordance with the wishes of the client.
Can I apply for a patent myself?
In some cases. But it is advisable to appoint a professional representative. What patent protection that is obtained depends on how the patent claims are formulated, and sufficient support for these must be present in the description. No new technical subject-matter must be added after filing, and it is therefore often difficult to repair an application which is deficient to start with. For this reason, it is strongly advised to allow an experienced patent attorney to draft the application from scratch. Moreover, a patent attorney can help in positioning the requested patent protection within the larger intellectual property strategy in a balanced and cost-efficient manner.
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