Patents

A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention. In most countries, patent rights fall under private law and the patent holder must sue someone infringing the patent in order to enforce their rights. In some industries patents are an essential form of competitive advantage; in others they are irrelevant.

What kind of Protection Does Patent offer?

In principle, the patent owner has the exclusive right to prevent or stop others from commercially exploiting the patented invention. In other words, patent protection means that the invention cannot be commercially made, used, distributed, imported or sold by others without the patent owner's consent.

 Is Patent valid in every country?

 Patents are territorial rights. In general, the exclusive rights are only applicable in the country or region in which a patent has been filed and granted, in accordance with the law of that country or region.

 How long does a :Patent last?

 The protection is granted for a limited period, generally 20 years from the filing date of the application.

Patent law and treaties

The treaties WIPO administers, together with national and regional laws, make up the international legal framework for patents. 

Patent-related treaties

Paris Convention

The first major international agreement relating to the protection of industrial property rights, including patents. It outlines, in particular, national treatment, the right of priority, and a number of common rules in the field of substantive patent law. Find out more about the Paris Convention.

 Patent Cooperation Treaty (PCT)

This treaty established an international patent filing system, making it possible to seek patent protection for an invention simultaneously in each of a large number of countries. Find out more about the PCT.

 Strasbourg Agreement Concerning the International Patent Classification

A regularly updated international system for classifying inventions in patent applications, allowing more efficient search and retrieval of patent information. Find out more about the Strasbourg Agreement.

 Patent Law Treaty (PLT)

The PLT establishes common and, as a general rule, maximum requirements regarding many of the procedural formalities relating to national/regional patent applications and patents. Find out more about the PLT.

 Budapest Treaty

The Budapest Treaty concerns the international disclosure of biotechnological inventions. It stipulates that, for the purpose of the patent procedure, the deposit of microorganisms with an "international depository authority" must be recognized by any contracting state. Find out more about the Budapest Treaty.

Standing Committee (SCP)

In the Standing Committee on the Law of Patents (SCP) WIPO works with its member states and observer organizations to develop balanced international frameworks for patent law and policy. Committee members discuss, debate and decide on diverse issues related to the development of patent law to meet society's evolving needs.

Patent filing

PCT — The international patent system

The Patent and Cooperation Treaty (PCT) allows you to make a single international patent application that has the same effect as national applications filed in separate PCT states. In a nutshell, you benefit from one application, in one language paid for in one currency.

 DAS and CASE — Services for patent offices

The WIPO Digital Access Service (DAS) allows priority and other similar documents to be securely exchanged among participating intellectual property offices.

 The Centralized Access to Search and Examination (CASE) system enables patent offices to securely share the search and examination documentation related to patent applications, facilitating a more effective and efficient international examination process.

Patent search and analysis

PATENTSCOPE

Using PATENTSCOPE you can search through more than 43 million patent documents, including international patent applications submitted under the PCT.

 Patent Register Portal

The Patent Register Portal is your gateway to online patent registers and gazettes and to legal-status-related information from over 200 jurisdictions and patent information collections.

 Patent Landscapes — a technology snapshot

Patent Landscape Reports describe the patent situation for a specific technology in a given geographical area. Our reports break down and analyze key information from patent searches for easier visualization and comprehension.

 IPC — Streamlining searches

The International Patent Classification (IPC) is used to classify patents and utility models according to the different areas of technology to which they relate.

Patents, technology and development

One of the main functions of the patent system is to foster technological innovation by providing an incentive for research and development.  The patent system also works to diseminate technical information and promote technology transfer.