Patent and trademark: what is the difference?

Any invention or creation made by man and which in turn has the ability to transform energy or matter from nature for its maximum use for people, and in this way satisfy some specific needs can be patented, as long as it is a novelty. .

WHAT IS A PATENT?

The patent is a clearly exclusive right that is granted to an inventor of a new technology or product, susceptible to commercial exploitation granted by the State (government administration of a country) for a limited period of time. This prevents third parties from using the patented technology or product for profit , and it is only the owner who authorizes and sets the conditions for those who may use it.

TYPES OF PATENTS

There are several types of patents, but there are three main categories :

Also found:

RIGHTS THAT THE HOLDER OF A PATENT HAS

1. Right to set and determine who may or may not use the patented technology during the period of protection.
2. The owner may grant an authorization or license to others for the use of the invention, subject to conditions previously established by mutual agreement.
3. The owner has the right to sell the patented invention to a third party, who will become the new owner.

CANNOT BE PATENTED:

DIFFERENCE BETWEEN PATENTS AND TRADEMARKS

What is the difference between a patent and a trademark? In https://igerent.com/es/patente-vs-marcas-cual-es-la-diferencia it is described that a patent is granted for a limited time (20 non-renewable years), and after it expires, anyone can use the technology to which it refers, without the prior consent of the owner. So the invention becomes public domain.

A brand is the name or logo that differentiates a service or product from others in the same field or class, from its competition. The registration of a trademark is granted for a period of 10 years, extendable and exclusive to the owner.

Some globally recognized registered trademarks are Adidas and Samsung; this does not mean that third parties (persons or companies) cannot produce or create clothing and smartphones, but that they cannot do so under these names.

Therefore, the difference between trademark and patent is presented specifically in the object to be protected. The patent protects a new product or technology (creation of an invention) while the trademark protects products or services that already exist, but that seek to differentiate themselves from others.

Trademarks have territorial validity . For example, if a trademark is registered in Spain, it does not have protection in France. Therefore, trademarks must be registered in each country in which they are to be protected. Any company that wants to work beyond its borders must entrust its services to entities such as iGerent, which is a leader in the international trademark registration sector.

Trademarks must be registered, not patented.

RECOMMENDATIONS

Some companies specialize in providing intellectual property services. Such is the case of iGerent , which offers solutions to the needs that clients may have in relation to trademarks, patents and copyrights through an IP consultant, at a global level.