Since ancient times, the human being has created numerous instruments that have made his life more accessible through his remarkable intellectual capacity. Appliances, devices, tools and processes have helped him carry out tasks more quickly and efficiently. When a human being provides a technical solution to a problem presented to him, we are before the birth of an invention.
Because inventions were perceived as instruments that made life easier for people and thus contributed to the development of societies and their economies, the different States (as an incentive for their creators) saw it as convenient to provide legal protection for inventions. In this case, we are before the birth of a patent.
Patents are exclusive rights granted by states to economic agents that could create an invention. The legislation regulating patents mentions that “inventions, whether product or process, in all fields of technology, will be patentable, as long as they are new, have an inventive step and are capable of industrial application.” [2] .
Types of patent and their characteristics
Patents can be of two types. Invention Patents and Utility Model Patents. Both are characterized by sharing the qualities of novelty and aim to create a solution to an existing technical problem.
Invention Patents:
They are the most complex and category inventions par excellence; this type of patent requires vast technical knowledge and rigorous intellectual creation and may require a significant financial investment.
For an invention to qualify as an invention patent, it must be entirely novel (worldwide). This is ratified in article 16 of Decision 486, which mentions: “An invention will be considered new when it is not included in state of the art” [3].
The term of protection for this type of patent is 20 years from the application’s filing date. After these years, the patent becomes an invention in the public domain.
As examples of patents, we can cite: The telegraph, security lock with sheet metal activation, glass perforator and method for perforating glass, the telephone, the roll of toilet paper, the light bulb or spotlight, the mouse, etc.
Requirements for an invention patent:
The patentability requirements for an invention patent are mentioned in article 14 of Decision 486 and are the following:
As already mentioned, an invention is novel when not included in state of the art. It is worth emphasizing that, for an invention to be considered new, the novelty must exist worldwide.
An invention has an inventive level when it is not obvious or evident to a person versed and experienced in the field in which the invention is venturing.
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Have an industrial application :
If the invention can be used in any industry (for example, the automotive industry, telecommunications, hydrocarbons, etc.), it will be concluded that it has industrial applications.
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Have a clear and complete description of the invention:
Although, this requirement is not expressly mentioned in the regulations above. In the patent of invention, it is also necessary clarity and coherence in the wording of its descriptive memory and its claims. Being the claims, the novel technical characteristics on which it is desired to obtain legal protection.