Property Rights: Patent, Design, Utility Model & Trademark
Patent
The primary purpose of a patent is to protect innovative products and processes from unauthorised imitation. Patents reward their applicants by granting a time-limited and geographically restricted monopoly on use. At the same time, they fulfil an important informational function by publicising the invention as an incentive for further innovation. As a patent holder, you can exploit your invention yourself and secure an exclusive position in the market. You can sell your intellectual property rights or grant a licence. Patent protection strengthens companies in global competition and is an important location factor. A company’s patent portfolio represents a significant asset and provides insight into the innovative strength of a company or individual inventor. Patents also play a key role in technology transfer. They can help you find partners for further development and business collaboration, or be useful in securing funding. Patents help to safeguard against high development costs and, through successful marketing strategies, enable reinvestment, which in turn drives research and development.
Trademark
A trade mark is a sign that identifies a company’s goods and services and distinguishes them from the goods and services of other companies. Among other things, company names, product names, even band names, logos and slogans can be protected as trade marks.
Most commonly, trade marks are used and registered as word marks, figurative marks or combinations of words and figures. They enable the trademark owner to convey promotional information to their customers that is intended to be associated with the origin or quality of the product. The trademark therefore serves as a distinguishing feature for your customers. Customers associate a specific company and the quality of its products with the trademark. To put a stop to free-riders, you should consider filing a trademark application at an early stage.
However, registered trade marks do not apply across the board to all goods and services; instead, a list must be provided of the goods and services for which the trade mark is to be protected. All of the listed goods and services must also be put to genuine use under this trade mark within the respective country-specific time limits; otherwise, there is a risk of losing trade mark protection for the goods or services that are not used.
The most secure protection for a trade mark can be achieved by registering it in the relevant register. The principle of territoriality applies here. This means that the scope of protection of the trade mark extends only to the country in which it is registered.
In most countries, trade mark protection can be renewed every 10 years and is valid indefinitely. This makes a registered trade mark a very strong and long-lasting intellectual property right.
Utility Model
Inventions are eligible for technical property rights. These include patents and utility models.
A utility model provides protection immediately upon registration. Its term of protection is 10 years.
Design
Designs can be registered if they possess a distinctive feature. It is irrelevant on which product this design appears, or which product possesses this distinctive feature.
Registered designs are classified as non-technical intellectual property rights and are generally inexpensive and straightforward to obtain. The maximum term of protection is 25 years.