Requirements for Granting a Patent

For an invention or utility model to be patentable, the legislation usually establishes three fundamental requirements:

1. Novelty: The invention must be something new, that is, it must not be part of the state of the art. The prior art consists of everything that was made available to the public before the date of filing the patent application.

2. Inventive step (for invention patent) or inventive act (for utility model): The invention cannot be obvious to a person skilled in the art. This means that the proposed solution cannot be evident or easily deduced from prior knowledge in the area.

3. Industrial application: The invention must have practical utility and be capable of being applied in industry.

Patent Deposit and Analysis Process

Copyright is fundamental to encouraging creativity and innovation , allowing authors to benefit economically from their creations and invest in new works. Furthermore, they protect creators against misappropriation of their works by third parties, ensuring that they are duly recognized and respected for their contributions to society's cultural and intellectual heritage. Copyright also helps to preserve cultural diversity and promote access and dissemination of knowledge, establishing a balance between the interests of authors and the interests of the community.

The patent granting process in some countries takes several years to complete, and involves several stages, which are conducted by Governmental Registry bodies. The main phases of the process are:

1. Filing the patent application: The inventor or holder submits the patent application to the Registry, providing information about the invention, such as description, claims, summary and, if applicable, drawings.

2. Formal examination: The Registry body carries out a preliminary analysis to verify whether the request meets the formal requirements, such as the presence of the necessary documents and payment of fees.

3.Publication of the application: After a few months from the date of filing, the application is published. Upon publication, third parties may submit support for the examination, providing information that may question the patentability of the invention.

4.Technical examination: The holder of the application must request the technical examination within a period of years, either for invention patents or utility models, from the date of filing. Some countries, such Japan and the United States of America, have faster processes. At this stage, the Registry body analyzes whether the invention meets the patentability requirements.

5. Granting or rejecting the patent: After the technical analysis, the Registry body decides whether to grant or reject the patent application. If granted, the patent is published, and the holder receives the patent certificate.

Patents and The Digital Age

Patents Related to Information Technology and Software

In the digital age, many innovations are related to information technology, including software, algorithms and digital processes. These inventions can also be the subject of patents, as long as they meet the patentability requirements established by law.

However, patent protection for software and information technologies can be complex , as it often involves specific technical and legal aspects. Furthermore, the line between patentable inventions and mere abstract ideas is not always clear, making patentability analysis a challenge.

The Importance of Patents for Protecting Digital Innovations

Patents play a fundamental role in protecting digital innovations and stimulating technological development. By guaranteeing exclusive rights to holders, patents encourage research and the creation of new solutions in the digital area, promoting competitiveness and technological progress.

Furthermore, patent protection can help attract investment and generate revenue through the licensing or sale of patented technologies, contributing to the growth and sustainability of companies and businesses in the digital sector.

Challenges in Patent Evaluation and Protection in a Constantly Evolving Technological Scenario

The rapid evolution of digital technologies presents several challenges for the evaluation and protection of patents.

Among them are:

• The difficulty of keeping up to date with technological innovations and determining the novelty and inventive step or inventive act of an invention in a field that advances so quickly.

• The technical complexity and interdisciplinarity of digital innovations, which may require specific knowledge and training from patent examiners.

• The delimitation between patentable aspects and those that are merely abstract or that constitute mathematical, scientific or artistic ideas, which are not protected by patents.

• The adaptation of patent legislation to new technological realities and the needs to protect digital innovations, ensuring a balance between the rights of holders and the public interest in access and use of these technologies.

These challenges require constant updating and adaptation of the patent system to ensure adequate protection of digital innovations and foster technological development in the digital era.

Potential of Blockchain to Improve Efficiency and Security In Patent Management

The use of blockchain technology in patent management has the potential to improve the efficiency and security of processes related to the protection and exploitation of innovations.

By providing an immutable, decentralized record, blockchain can help prove the authorship and existence of inventions , facilitate defensive publishing , and provide greater information security.

However, it is important to highlight that blockchain registration, as yet, does not replace the need to follow the procedures established by traditional Registry bodies for granting patents. Blockchain registration should still be considered as a complementary tool, which can assist in proving the authorship and existence of the invention in the patent filing and analysis process.