Patent protection
Patent protection grants the patent holder the exclusive right to prevent others from commercially exploiting the protected invention for a limited time, typically up to 20 years from the filing date. During this period, the holder can prevent others from manufacturing, using, selling, or importing the patented technology. Patent protection is an important part of the intellectual property rights, serving as a strategic tool for protecting technical innovations and strengthening competitive advantages.
Obtaining patent protection begins with a patent application filed with a patent authority, such as the Swedish Patent and Registration Office (PRV) in Sweden. The application must contain a detailed description of the invention and clearly state what makes it new and inventive. We at Novitas Patent draft applications that are technically precise and legally robust to facilitate the examination and reduce the risk of oppositions.
Patent protection can be sought nationally in Sweden, regionally in Europe via the EPO, or internationally through the PCT system, depending on your business strategy. We assess your needs and propose a strategy tailored to the invention's potential and your business goals.
Patent protection can apply to a broad spectrum of technical solutions, such as machines, chemical substances, medical devices, electronic systems, and software-related inventions with a technical effect. It can also cover processes and methods, for example manufacturing processes or technical procedures, as well as uses, including new medical uses of known substances. To be patentable, the invention, regardless of its form, must offer a technical solution to a specific problem.
For patent protection to be granted, the invention must meet several requirements:
The invention must not be known or publicly disclosed anywhere in the world before the filing date. This means it must not have been described in writing, publicly demonstrated, or used in a way that makes it generally available. Some countries (for example, the USA) allow exceptions for the inventor's own disclosures within a limited time before the application, a so-called grace period, which makes it possible to obtain a patent even if the invention has been published before the patent application was filed.
The invention must involve a significant technical advancement compared to previously known technology. It is not enough for it to be new – it must also be non-obvious to a person skilled in the art in the field at the time of filing.
The invention must have a technical character, be reproducible, and be applicable in an industrial process, production, or commercial activity, rather than being purely theoretical, artistic, or abstract. Furthermore, a patent application must describe the invention clearly and in such detail that a person skilled in the art can reproduce it without difficulty. Thanks to Novitas Patents' deep technical expertise, we can quickly and effectively address these matters.
Incomplete or unclear applications may lead to rejection or delays. A common problem is that the technical core of the invention is not described clearly enough. We at Novitas Patent have a structured and systematic approach to the drafting process to ensure that applications are well-formulated and meet the requirements of the patent authorities.
After filing, the application is examined by the patent authority. During the process, objections may arise from the authority or third parties questioning the invention's patentability. It is crucial that the argumentation in different countries is coordinated to prevent discrepancies or contradictions that risk undermining the patent's strength in a potential dispute. We handle correspondence and argumentation to strengthen your application and maximize the likelihood of a favourable outcome.
A granted patent requires payment of regular renewal fees to be kept in force. We monitor payment requirements and ensure that formality requirements are met. For certain inventions, such as pharmaceuticals, supplementary protection can be considered to extend the term of protection, which we provide advice on.
Patent protection is part of the broader business strategy. We at Novitas Patent combine technical and legal expertise to create an intellectual property portfolio that supports your long-term business goals. Patent protection can advantageously be combined with other tools, such as design protection or trade secrets. Through patent monitoring, we follow competitors' patent applications to provide you with insight into market developments, while through infringement monitoring, we identify and address potential infringements of your rights. We can also conduct Freedom to Operate (FTO) monitoring to minimize the risks of encountering legal obstacles through infringement of others' patents.