Sometimes, we all fantasized about the idea of creating
something great to solve a personal or collective problem, but how
do I know if my "invention" is really something new or if
I am just replicating something already invented?
Fortunately, there is a whole protocol to know it, but first it
is important to ask yourself some basic questions to find out which
direction is taking the development of your idea:
Is this solution really a novelty? (because if
you are developing a metallic stick to hold your cell phone while
you are taking a selfie a certain distance from you ... well, we
have some bad news for you).
The "invention" we are working on did
actually required our commitment to research, thinking and
demonstrating that it will contribute to solve a
And, if the answer is affirmative to both previous questions,
it must also be affirmative for the next one: has it any
practical use in the daily activities of the people or
In that case, we certainly have an idea that could become an
invention that could be patented and commercially exploited
To assure that our invention is kept as a novelty until we
become really owners of the same we must:
Be as discrete as possible regarding our idea, without
disclosing it, so as to avoid that someone else develops our idea
before we do.
Be sure there is no a similar invention anywhere in the world.
The first approach is making a search in the internet via Google,
and despite we know this is not enough, we will get an idea if our
work is going in the right direction.
Ask for advice to conduct a more professional search. Here, in
Clarke, Modet & Co. we deal with it conducting an specialized
searching in the databases of all the patent and trademark offices
over the world which allow us to determine if your idea is in fact
novel, if it already exists, if the invention complies with the
requirements to be patented or if it is possible to apply for more
than one patent for said invention. This can take from one day to
If the search results are successful, then what we once
thought could be a novel idea now it is a global, attainable and,
therefore, patentable idea ... Congratulations, your invention is
really an invention! But this is just the beginning, now you must
file the patent to become the owner of this important asset for
your future and be able to commercialize it exclusively and obtain
profits from that original idea you were working on. And about this
we will talk at the next opportunity.
¡Ven a vernos a la Conferencia Anual de INTA 2017 en Barcelona!
Nuestros expertos de América Latina, España y Portugal estarán encantados de reunirse con vosotros para tratar cualquier asunto relacionado con la gestión de la cartera de Propiedad Industrial e Intelectual.
Nos encontraréis en el Hotel Santos Porta Fira desde el domingo 21 de mayo hasta el martes 23 de mayo en la sala Europa ubicada en la planta 24th. Estamos a 5 minutos del Recinto Ferial Fira Gran Vía.
El 27 de diciembre de 2016, fue publicado en el Diario Oficial de la Federación un Acuerdo que modifica lineamientos para el uso del Portal de Pagos y Servicios Electrónicos (PASE) del Instituto Mexicano de la Propiedad Industrial (IMPI), en trámites de solicitudes de marca y aviso comercial.
Recently the Nice International Classification of Products and Services, a system used to categorize trademark applications, has been updated once again, with the entry into force of the 11th Edition on January 1, 2017.
Under the Mexican Trademark Law there is no obligation to use a trademark until renewal time is reached in the 10th year as of the filing date of the registration to be renewed and when filing the application for renewal it is only necessary to declare under oath that the mark has been used during a term of the last three years.
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