How a Patent Could Be Registered?

In discussion about patent, it will frequently raise one big question “how a patent could be registered?”. Generally, there are 3 (three) systems which can be conducted by a patent holder or known as applicant in order to register their owned patent as follows:

  1. National or Country System

Patent holder or applicant can register a patent with Patent Office of country where its protection of patent application is requested. For this system, a request for a patent application could be filed along with the requirements in that purposed country and paying all needed fees during the process of registering the patent application.

  1. Regional System

Patent holder or applicant can use a regional way to register a patent in some members of countries using a patent regional system. The registration and protection process are conducted by validating in all or some members of countries. It can be proceeded with filing a request for patent application to the related regional Patent Office. Here are some lists of regional patent office:

  • The African Intellectual Property Organization (OAPI)
  • The African Regional Intellectual Property Organization (ARIPO)
  • The Eurasian Patent Organization (EAPO)
  • The European Patent Organization (EPO)
  • The Patent Office of the Gulf Cooperation Council
  1. International System

Patent holder or applicant that is commonly communal or company and having a target to protect its invention in some countries of Patent Cooperation Treaty (PCT) member, it is preferable to register its patent application through international application of PCT. In order to enable a registration process, patent holder or applicant should have a nationality or domicile in one of PCT countries, or the business owned by a patent holder should have a real and effective impact, or the business have a market in one of PCT countries. There are more than 125 countries as members of PCT countries. Registration of patent application can be filed with patent office in the related country, regional Patent Office, or representation PCT office in Geneva, Switzerland.

The classification of above systems depends on the territorial that is in conformity with the patent concept where patent is territorial right and based on the guideline of World Intellectual Property Organization (WIPO) as a world organization protecting intellectual property of each patent holder.

Considering the difficulties of registration process for filing a patent application in national or country system, for example Indonesia, or international system, it is advisable for a patent holder to register its patent by appointing the expert, i.e. Intellectual Property (IP) consultant.

Am Badar & Partners can be one of choices which is trustworthy and reliable because we, Am  Badar & Partners, have existed and focused on this field of Intellectual Property (IP) since 1965. Therefore, there have been thousand patent filed through Am Badar & Partners where most of patents are owned by a world class patent holder.

 

Source:

Booklet “Penemuan Masa Depan” Intellectual Property for Bussiness Series Number 3 World Intellectual Property Organization (WIPO)

 

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