What does it take to get a patent?

May simple inventions be protected and is it worth it?

Can only technically complicated solutions be patented?

If you ask the technical development department, they often think that they have only made a few minor technical improvements to an existing product. As a result, they would not immediately think that patent protection was relevant. To a highly skilled technician, it may seem unthinkable that a patent could be obtained for something so simple.

What is the marketing value?

However, if you were to ask the marketing department whether the exact same product improvement has any marketing value, the answer would typically be very different. Maybe a very high demand for the product is expected, where customers would not even consider a product without this new improvement. Would it be advantageous, if competitors could not offer this improved product? Absolutely!

On the other hand, it may not necessarily be worth the cost of obtaining sole patent rights to a very complicated technical improvement, even though it is most likely to be patentable.

Is it expensive obtaining a patent?

It is no secret that seeking patent protection for an invention in many different states can add up to quite a lot of money. However, it can only be considered expensive if the investment in patent rights fails to result in a competitive advantage that justifies the expense. The competitive advantage should result in an increase in revenue that far surpasses the expenses of patenting. So it is important that you get a professional assessment, not only as to whether your invention is patentable, but also whether it pays to patent the invention. Furthermore, it is important to choose a strategy where the patenting expenses are justified by the potential competitive advantage.

How can Guardian help you?

It is important to emphasise that even very simple technical inventions may often be protected by means of a patent, a utility model or a design registration, if the task is addressed strategically. At Guardian we have many years of experience in these matters, and we have one of Denmark’s largest and strongest teams of European Patent Attorneys and European Design Attorneys providing expertise in many technical fields. So you can confidently let us advise you on your options.

Furthermore, it is important to choose a patent strategy that both matches the technical aspects of your invention, and matches the commercial and economical aspects of your invention and product. At Guardian, we can help you assess whether the invention should be protected broadly in order to encompass each and every imaginable and unimaginable variant that a competitor could think of in order to “design around” your patent, or if the invention advantageously should be protected more precisely in order to obtain a more economical patenting process. Often times, if you seek a very broad patent protection, you will be met with more objections when different patent authorities assess the patentability of the invention. This will typically result in more work for the patent attorney, resulting in higher costs. This aspect has our full attention at Guardian, because we want you to obtain the maximum real value in your business by means of IP rights.

We always strive to make it easy and simple for you as a client to obtain optimal protection of your ideas and inventions. We always use the best tools of the IP world to give you the best possible protection of your business. We want to understand the business context in addition to the technical details of your invention or the visual characteristics of your design. We know that this is the best way of creating IP that gives you true value.

Read more: Patent, utility model or design?

Contact us

Please feel free to contact us. Guardian has one of Denmark’s largest and strongest teams of European Patent Attorneys and European Design Attorneys providing expertise in diverse technical fields. Reach out for us for a non-binding conversation.

E-mail: mail@gipc.eu

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