PATENTS

WHAT ?

An invention, consisting in a product or process, which is new, involves an inventive step, and is susceptible of industrial application regardless of the field: chemical, pharmaceutical, electronic, IT, mechanical, biotechnological, physical etc..

 

WHY SHOULD YOU OBTAIN A PATENT ?

  • In order to have the right to prohibit third parties from manufacturing, using, selling, offering for sale or holding your invention for the aforementioned purposes in the territory concerned
  • In order to generate revenues through the granting of licences to third parties
  • To stimulate creativity within your company, to increase the value of the results of the researches and developments, to get confidence from investors and clients.

 

HOW TO PROTECT YOUR INVENTION BY A PATENT ?

  • Possible preliminary step (regardless of whether a decision has been made to apply for a patent or not): Examining freedom of exploitation
    Is the invention in question free of exploitation or is it covered by a third party's right which is still in force and applicable to the territory in question ?
  • First step: Examining patentability
    If the invention is free, is it patentable ?
  • Second step: Deciding on a strategy
    If the invention is patentable, is it preferable to apply for a patent or to opt for "secrecy" ?
    If the patent route is chosen, must one apply for a Belgian or European patent or use the "PCT" (Patent Cooperation Treaty) system ? Which territories should be protected? How should further improvements be protected ?
  • Third step: Implementing the strategy
    Depending on what has been decided, to prosecute the applications with the official authorities in order to obtain the required rights.

 

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WHAT CAN KIRKPATRICK DO ?

  • Advise on patentability and/or freedom of exploitation
  • Work out a protection strategy together
  • Draw up your patent applications with you
  • Represent you through all the procedures from filing patent applications through to the grant of the patents and their maintenance
  • Have translations made of your patents
  • Monitor your patents or any which have been filed by your competitors, and oppose them if necessary
  • Act on your behalf in cases of infringement (proceedings or negotiations)
  • Draw up and negotiate agreements on confidentiality and/or evaluation, transfer, licensing, acquisition, R&D, distribution, etc. and carry out the registration procedures
  • Financially evaluate your patents