The protection of intellectual property stimulates creativity for the benefit of society and contributes to innovation, productivity, continuous improvement and the comprehensive development of countries.
In Mexico, the ways to protect it are: Industrial Property and Copyright. In this article we will talk about Industrial Property that includes: patents, utility model and industrial designs (industrial model, industrial drawing, trademark, commercial notice, trade name and denomination of origin).
Before launching your ideas into the world, take into account that they can be stolen from you. As ideas per se are not subject to registration because they are abstract concepts, they must materialize in a tangible invention, an innovative product, a novel technology, a device or a process that offers new solutions to a problem and, above all, that demonstrates not exist internationally.
Industrial Property, through any of its legal figures, safeguards inventions and creations susceptible to industrial application. How? By granting the creator exclusive rights for its use, preventing other people from manufacturing, using or benefiting from them without the express consent of the inventor or the licenses authorized by him.
To register a trademark, it is necessary to submit an application to the Mexican Institute of Industrial Property (IMPI), which is thoroughly evaluated to rule out anomalies or invasion of third party rights. Once accepted, the trademark registration title is granted, which is valid for 10 years, indefinitely renewable. It can also help you initiate legal action for possible misuse and you can grant use licenses or franchises.
However, before you apply, there are several steps you must take to ensure successful registration, such as:
Review the Industrial Property Law, especially with regard to trademark registration prohibitions.
Choose the type of brand you need: nominative, unnamed, three-dimensional or mixed.
Find the correct classification for your product or service.
Carry out a previous study of phonetic and figurative precedents.
Investigate in the MARCANET site, which is the external consultation service on trademark information, that there is no longer a brand equal to yours.
On the other hand, applications for patent or registration of industrial design or utility model can be processed by the applicant himself or through a legal representative. The application is subjected to a formal examination and a substantive examination. On average, the processing of a patent, from the application to the conclusion, be it a concession or a refusal, is three to five years. For an industrial design the average time of one year and for a utility model of two years.
What are the benefits of obtaining a patent?
It will allow you to exploit it commercially for a limited period, which in Mexico is generally 20 years and is not renewable.
You can grant operating licenses to third parties and benefit from it.
You will avoid the plagiarism of your ideas and work.
Due to the complexity of the subject, the preliminary investigation and analysis steps, and the amount of specialized information required for each procedure, the best way to guarantee a successful registration is to obtain advice from expert lawyers in Industrial Property who can help you in everything. the process. That will save you time and money… and a lot of headaches!
There are multiple examples of businesses (large and small) that made huge profits by marketing inventions of other people's minds and going to the point of registering them in their name! Boom! You do not want that to happen to you, so you will surely agree that your project deserves to be taken care of with care and that without a doubt, investing time and effort in protecting it is as important as developing it.