Patents protect new technical solutions and give the patent owner the right to prohibit third parties from commercializing an invention without his consent. In return for protection by the patent, the inventor must disclose the details of his invention. This information is published in the patent specification. Everyone can benefit from it.

The requirements for a patent to be granted:

  • There is a new technical solution.
  • It involves an inventive step.
  • It is commercially applicable.

The patent is geographically and temporally limited (maximum 20 years). Without the consent of the patent owner, the object of the invention may not be commercially manufactured or used and may not be offered for sale. This only applies to commercial, not private use. A patent is also associated with tax and commercial benefits. These industrial property rights are crucial for the company’s future as described on

What Can Be Protected By a Patent? - Digytalia

The following are excluded from patent protection:

Discoveries, scientific theories, mathematical methods, programs for data processing, the reproduction of information and aesthetic creations (packaging, typography, design objects) as well as plans, rules and procedures for intellectual activities, for games or for business activities. However, software can be patented in the USA.

There are national patents such as US patents or Chinese patents, regional patents such as the European patent and the international patent, the so-called PCT application via the World Intellectual Property Association (WIPO).

TIP: A patent should be broken down into as many individual points as possible. This reduces the risk that the invention already exists.

The utility model

In individual countries, at national level, the utility model is the second option, alongside a patent, for obtaining protection for a technical invention. In fact, it corresponds to the patent, but it is the faster way. However, since a utility model is not checked for novelty and inventiveness, it harbors a certain risk: every formally correct application is registered – even if it is not new. For more information please visit

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