Patenting of inventions and utility models, international patenting

Patent registration

Every developer of software, computer games or web resources inevitably faces the need to protect their rights to the created software from potential theft and piracy. Protection of intellectual property objects, including patenting of IP objects , also increases the cost of the final product in case of possible sale. Proper registration of intellectual property can significantly increase safety level of business and open up new financial opportunities for the applicant.

Sometimes the actual value of an intellectual property object is extremely difficult to calculate , but it is undeniable that registering IP rights drastically increases the value of your product and improves overall brand recognition.

It should be noted that there are several ways to protect your intellectual property rights from illegal use, one of the most labor-intensive, but at the same time providing the most comprehensive protection is patenting.

Who might benefit from this service?

The service of obtaining a patent for a particular intellectual property object may be necessary for different persons, for example:

For companies or private entrepreneurs working in the technological field, developing new processes and mechanisms.
For the inventors of innovative products.
For pharmaceutical companies and organizations working with the food industry.
For game and app developers.

Requirements for patenting

For different types of patents, the final list of criteria may vary, but in general, in order to be patentable, a product or process must have the following characteristics:

industrial applicability;
novelty, innovation and originality;
inventive step of an IP object.

What can be patented?

There are several types of patents, which also vary depending on the specific jurisdiction, but the following are examples of patents:

technical inventions;
chemical formulas, new types of drugs;
biological inventions;
processes of production and release of goods and products;

Can software be patented?

In most countries, pure software as such is not patentable, as it is considered a mathematical algorithm or abstract idea. However, if a program solves a technical problem in a new way, it may receive patent protection.

Where can you patent software?

US – The US Patent and Trademark Office (USPTO) issues patents for software if it solves a specific technical problem. It has an "inventive step" (a non-obvious solution).
Europe (EPO) – Requires the software to influence the operation of the device "beyond normal program execution."
China, Japan, South Korea – Patents for software with technical applications are also allowed.

What game elements are subject to patenting

In the gaming industry, the following categories of objects can be protected by patents:

Game mechanics and systems:

Procedural Content Generation Algorithms
NPC AI Systems
Virtual camera control mechanics

Technical solutions:

Rendering Optimization Methods
Network protocols for multiplayer
Cheating prevention systems

Unique interface solutions:

Innovative management systems
Methods of displaying game information

How to protect patent rights

The law sets strict requirements for patenting industrial designs, utility models and inventions. However, even if all conditions are fully met, there is still a risk that experts at the World Intellectual Property Organization (WIPO) will refuse to grant a patent. If you have been refused registration of a patent based on a patentable application, this decision can be appealed to the WIPO Patent Dispute Chamber. Here, it is also possible to challenge already issued patents.

About the WIPO Patent Dispute Chamber

This organization considers objections filed with the patent office under the administrative dispute resolution procedure, the only mandatory way to resolve patent conflicts. Patents are defended and challenged exclusively through the WIPO Patent Dispute Chamber; other similar structures are not provided for by law.

Types of objections and grounds for challenge

The following types of objections are discussed:

Against granting a patent.
Decision to recognize an application for an invention, utility model or industrial design as withdrawn.
Decision to refuse to grant a patent or to issue it.

During the entire term of validity, a patent for a utility model, industrial design or invention may be challenged, which may lead to recognition of the full or partial invalidity of the patent. Any interested party may file an objection to the Chamber of Patent Disputes.

Reasons that may lead to the revocation and challenge of a patent include:

Non-compliance of an industrial design, utility model or invention with the requirements of patentability.
The presence of the same priority date for different industrial designs or utility models, as well as situations where a patent was granted on the basis of several similar applications.
The presence in the formula of a utility model or invention or in the list of essential features of an industrial design of elements that were not present at the time of filing the application in the description, formula of the invention or image of the object.

One of the common grounds for challenging registered industrial designs, utility models or inventions is failure to meet the criterion of novelty, if a similar means already existed before the filing of the patent application.

Law&Trust International offers a full range of services for preparing and filing oppositions to the WIPO Patent Dispute Chamber. Our specialists are ready to protect your interests and provide comprehensive support, whether it is protecting your patent or accusing third parties of violating your rights.

Appealing decisions in court

There are cases when attempts to protect your rights in the Chamber of Patent Disputes are unsuccessful. Then the applicant has the right to apply to the court to restore justice. The lawyers of our company are ready to represent your interests in the courts.
For detailed advice on patent protection, please contact us by phone, online chat or visit one of our offices.

Patenting procedure: step-by-step instructions

Patenting software and gaming technologies is a complex multi-stage process that requires careful preparation and a professional approach. The procedure begins with a preparatory stage, which includes a mandatory patent search. This stage involves analyzing existing patents through specialized databases such as USPTO, EPO and WIPO, which allows you to determine the degree of novelty of the proposed solution and assess the risks of violating existing patent rights. Particular attention should be paid to the wording of patent clauses, since they determine the scope of future legal protection.

Once the preparatory work is completed, the application filing stage begins, where it is important to choose the right patenting strategy. For protection in specific national markets, it is advisable to file applications with the relevant patent offices. If international protection is required, the best solution may be to file a PCT application. For European countries, there is a possibility of obtaining a single European patent, valid in 38 countries. When filing an application, special attention should be paid to the quality of the preparation of documents, including the technical description, patent formulas and graphic materials, since any inaccuracies can lead to a delay in the procedure or refusal.

Once the application is filed, the examination stage begins, which includes a formal review of documents (usually taking 3-6 months) and subsequent substantive examination (lasting from 12 to 36 months). During this period, the patent office may send inquiries that must be responded to promptly and competently. Successful completion of the examination results in the issuance of a patent, but this does not mean the end of work with the intellectual property object. It is necessary to regularly pay patent fees to maintain the patent in force, monitor possible violations and periodically audit the patent portfolio. All these activities require constant attention and professional support, especially in the context of rapidly developing technologies and constantly changing legislation in the field of intellectual property protection.

Our services for patent registration

Lawyers at Law and Trust have been providing services for registration of intellectual property (patents and trademarks) in more than 100 jurisdictions since 2006.
During this time, we have registered more than 3,000 intellectual property objects, including patents.
Our specialists will also help you properly formalize copyright protection for unregistered intellectual property objects, like: music, video sequences, game scripts, texts and numerous other objects at your discretion.

What else can we help you with?

We deal with registration of all types of intellectual property, in addition to patents we can help you with:

Trademark registration.
Deposit of copyright.
Registration of industrial design.
Claims work to defend and protect your IP rights.
Consulting work on developing a strategy to protect your IP rights.
And also, in a whole range of other complex issues that require the attention of professionals!