Intellectual Property FAQ.
Clear answers. Real-world guidance.
Intellectual property can feel complicated because it is. We make it practical.
Below are straightforward answers to the questions we hear most often about patents, trademarks, industrial designs, and copyright.
Note: Ideas alone cannot be protected. Protection applies to intellectual property rights, such as patents, trademarks, designs, and copyright.
PATENTS Q&A
What is a patent?
Patent is the right protecting invention, from any field of technology, in the period of 20 years. Patent can be used to protect, against unauthorized use, any innovation that solves a certain technical problem in the form of a product or process.
How do I obtain a patent?
Most common way is to file patent application with national Patent or Intellectual Property Office. Your application will be examined and if patentable your invention will be protected by a patent.
How long does the patent examination procedure take?
There is no simple answer to this question. It is advisable to spend as much time as possible preparing a patent application before it is filed. Well prepared patent application saves time and costs during procedure at the patent office. Also, every patent office has a different processing pace and different workloads. For example, according to official statistics of European Patent Organization, average time for grant of European patent is 24 months.
What are the main costs involved in patent procedure?
Costs involved in process of obtaining a patent are related to:
• drafting patent application, consisting of description, claims, figures
• translation, if filed in multiple jurisdictions
• official fees, that each patent office charges
• representation costs, if all or some actions are performed through a representative
Where is my patent valid?
A patent is valid only on the territory for which it was granted. It may be valid in a single country, in multiple countries (if granted by each relevant national patent office), or regionally (if granted by a regional office such as the European Patent Organization).
What is the best way to file patent internationally?
Patent Cooperation Treaty (PCT), administered by the World Intellectual Property Organization, makes the process of obtaining patents in multiple countries easier, more predictable, and less costly. When a patent application is filed through the PCT procedure, it undergoes an “international phase” that covers some important steps of grant procedure for all countries simultaneously. The application must still enter the national phase in each selected country for a patent to be granted, but the applicant gains a clearer view of patentability and more time to decide where protection is needed. Almost 160 countries are members of the PCT.
Do I have to pay the maintenance fees after patent is granted?
In most countries – yes, every year an annual maintenance fee should be paid in order to keep the patent valid.
How long does a patent last?
A patent is valid for 20 years from the filing date of the application. In most countries, maintenance fees must be paid annually to keep the patent in force for the full 20-year term.
Is there any possibility to extend patent beyond 20 years?
Supplementary Patent Certificate is a special right that in practice can extend protection for certain type of patents for up to 5 years.
Do I need a patent representative?
Obtaining a patent is a complex procedure and although you are allowed to do it yourself, help of professional patent representative is highly recommendable. Also, when filing abroad it is obligatory to use local patent representative.
Can a software be protected by a patent?
Original source code and object code cannot be protected by a patent; they are instead protected by copyright – just as if the program were a literary work like a poem or novel.
However, patents can protect products (e.g. hardware) and processes, even when the steps of those processes are carried out on a computer using software. Such novel and inventive products or processes are known as computer-implemented inventions (CII).
Can I transfer my patent rights?
Yes, assignment of patent is possible, also, you may license use of patent through license agreement. Such actions should be registered with patent office.
TRADEMARK Q&A
What is a trademark?
Trademark is a right that protects a mark, such as word, phrase, logo, 3D image, sound, which is used in trade so that goods and services of one enterprise can be distinguished from those of another.
How do I obtain trademark protection?
Trademark is registered in a procedure before the national Intellectual Property Office (IP Office) or a regional one, such as European Union IP Office. Your trademark application will be examined and if found appropriate you will be granted trademark registration.
Where is my trademark valid?
A trademark is valid only on the territory for which it was registered. It may be valid in a single country, in multiple countries (if registered by each relevant national IP Office), or regionally (if registered by a regional office such as the European Union IP Office).
How long does the trademark registration process take?
The straightforward process of trademark registration takes at least six months. This time includes time needed for an IP Office to examine trademark application, publish it, and three months during which any interested party can object to its registration by filing formal opposition. If, during the examination procedure, the IP Office determines that there are irregularities, or if any opposition is filed, the procedure takes more.
How long does the trademark registration process take?
The straightforward process of trademark registration takes at least six months. This time includes time needed for an IP Office to examine trademark application, publish it, and three months during which any interested party can object to its registration by filing formal opposition. If, during the examination procedure, the IP Office determines that there are irregularities, or if any opposition is filed, the procedure takes more.
Do I need to conduct a trademark search before filing?
As each new trademark has to be different from the ones already registered for the same goods and services, prior to filing an application it is advisable to check Trademark Register for similar marks. This is done by conducting Trademark search, that is not obligatory step, however it is highly recommendable. It is very useful for identifying potential conflicts with existing trademarks and reducing the risk of opposition.
How long is a Trademark valid?
A Trademark is valid for 10 years from the filing date. Its validity can be extended unlimited number of times, for periods of 10 years.
How can the validity of a trademark be extended?
The validity of a trademark can be extended by filing a request for renewal and by paying the appropriate fee before the expiration date. In most countries it is even possible to do this beyond expiration date, within grace period that is usually 6 months. Such late renewal is also subject to payment of additional fee.
How can a Trademark be protected internationally?
One way is to file trademark application in each country separately, before each national IP Office. However, it can be more efficient to file so called international application administered by World Intellectual Property Organization (WIPO) through Madrid System. Based on one national trademark application and through national IP Office, applicant can file one international application covering from 1 to more than 130 countries. Such application will be examined by each national IP Office separately, however if there is no objection everything is handled by WIPO, keeping things simpler and more affordable.
Do I need to use my registered trademark?
Simple answer is Yes. In some countries use or intention to use is necessary for registering a trademark, and in others there is a period, often 5 years, during which registered trademark has to be used. Otherwise, it will be vulnerable to cancellation by any interested party.
Do I need to use my registered trademark in some specific way?
In Trademark law we use term “genuine use”. Using a trademark in its registered form is always the safest way to establish genuine use. However, trademarks may evolve over time, and their presentation can change as brands are updated. Trademark owner is required to use the trademark for the goods and services for which it is registered. However, during use, mark itself may differ from the registered trademark, provided that the difference does not change its distinctiveness.
Do I need a trademark representative?
If you want your trademark application to be registered smoothly and not to be vulnerable to later cancellation, you certainly do. Also, professional representative is extremely valuable for making trademark strategy – what to register, where and for which goods and services, while saving on costs and time.
Can I transfer my trademark rights?
Yes, assignment of trademark is possible, also, you may grant license to others to use your trademark through license agreement. Such actions should be registered with IP Office.
INDUSTRIAL DESIGN Q&A
What is an industrial design?
An industrial design is a right that protects novel and original aesthetic (ornamental) aspects of a product or its part, such as lines, contours, colors, shapes, textures, materials, and their combinations. It applies only to industrial or craft items (e.g., cars, furniture, watches, jewelry, appliances, textiles, wallpaper, etc.). Accordingly, it does not protect works of art as they are protected by copyright, nor it protects visual aspects solely dictated by technical or functional features.
How do I obtain industrial design protection?
In most countries, an industrial design needs to be registered in order to be protected under industrial design law as a “registered design”. This can be done through national Intellectual Property Office (IP Office) or regional one, such as European Union Intellectual Property Office.
Why is it important to register an industrial design?
The aesthetic appearance of a product has a significant influence on its success on the market. Registering an industrial design is crucial because it secures exclusive rights for a certain period, preventing competitors from copying and commercially exploiting such appearance. Registration of industrial design gives you a strong legal basis to act against imitations, enforce your rights before authorities or courts, and negotiate licenses.
What conditions must be met to obtain industrial design protection?
In order to be registered industrial design must be novel and original. Generally, an industrial design is considered new if it has not been previously disclosed to the public, and original if it presents a significant difference from existing designs or from known combinations of design features.
Also, products that can be protected as industrial designs must be capable of being produced by industrial or craft methods. Otherwise, they are considered works of art and may only be protected by copyright.
How long does the industrial design registration process take?
The straightforward registration process is quite fast, typically taking around 4-6 months. If, during the examination procedure, the IP Office determines that there are irregularities and issues an Office Action, the process takes longer – approximately nine months.
Is it possible to file a single application for multiple designs, or must each design be registered separately?
It is possible to include multiple industrial designs, up to 100, in a single application, provided that all products to which that industrial design is applied must be similar.
How long is an industrial design valid?
Industrial design rights are granted for a limited period. An industrial design is valid for five years from the filing date and can be renewed for consecutive five-year periods, up to a maximum of 25 years.
How can Industrial Design be protected internationally?
One way is to file design applications in each country separately, before each national IP Office. This should be done within 6 months period in order to protect novelty of the design. However, it can be more efficient to register design through Hague System administered by World Intellectual Property Organization (WIPO). In this way registration can be obtained in around 100 countries. Although each of those national IP offices will examine the application, the process may be more efficient and less costly for those seeking wide international protection.
Do I need a professional representative?
It is highly recommendable to seek professional help when it comes to determining whether the innovation can be protected by design to deciding the extent of such design. Especially, professional help is valuable during international registration of design where correct strategy leads to efficient and cost effective procedures.
Yes, assignment of design is possible, also, you may grant license to others to use your design through license agreement. Such actions should be registered with IP Office.
Copyright encompasses two main types of rights:
Economic rights, which enable the rights holder to receive financial benefits from the use of their works; and
Moral rights, which safeguard the personal and non-economic interests of the author, such as a right to be named as author.
COPYRIGHT Q&A
What is copyright?
Copyright is a right that belongs to authors (creators) of literary and artistic works (copyrighted works) and encompasses a set of economic and moral rights of the author in relation to their copyrighted work. Literary and artistic works should be taken in broadest possible sense, including everything from poems to technical manuals and computer programs.
What rights does the author have?
Trademark is registered in a procedure before the national Intellectual Property Office (IP Office) or a regional one, such as European Union IP Office. Your trademark application will be examined and if found appropriate you will be granted trademark registration.
How do I obtain copyright?
You obtain copyright automatically, at the moment you create an original literary or artistic work. Copyright exists from the date the work is created, however in some countries it must be “fixed” e.g. written down or recorded in order to be protected. No registration, application, or any other formal procedure is required for copyright protection to arise.
In what ways can I protect my copyright?
The most reliable way to prove that a copyrighted work exists is to deposit it with the appropriate government authority such as Intellectual Property Office. In most countries depositing is not obligatory, however it is highly recommendable as it serves as material evidence that may be relevant for a potential court dispute. Contrary to that, in the United States it is obligatory for US citizens to register their “US works” in order to benefit from certain types of damages in copyright dispute cases.
How long does the deposit procedure take?
The deposit procedure is administrative, not substantive. If the documentation is complete and there are no deficiencies, the process is typically completed relatively quickly, from a few days to a few weeks from the date of submission.
How long does a copyright last?
In most countries worldwide, copyright protection of economic rights of the author (right of reproduction, right of distribution…) lasts for the life of the author plus 70 years after their death. Moral rights last forever.
Can I transfer my economic rights?
Many creative works require substantial investment and expertise for their production and further dissemination, so authors typically transfer their economic rights to specialized business organizations or companies, in exchange for lump‑sum payments or royalty‑based compensation. Transfer could affect all or some of the economic rights. It may be for the entire duration of copyright and world-wide or for limited period of time and just for some territories.
What is the legal status of a work created throughout the duration of employment?
In many legal systems, if an author creates a work throughout the duration of employment while performing their job duties, the employer is generally authorized to publish the work and holds the exclusive economic rights to exploit it, usually for a limited period of time. The author is typically entitled to additional compensation based on the commercial exploitation of the work.
Can a computer program be protected by copyright?
Most legal systems protect computer programs as literary works, provided they are original and represent the author’s own intellectual creation.
Still not sure where you fit?
Send us a short description of your situation and we’ll point you in the right direction.
Trusted Across Central & Eastern Europe and the CIS countries
We operate where your IP needs to go—covering 30+ jurisdictions.
- Albania
- Armenia
- Azerbaijan
- Belarus
- Bosnia
- Bulgaria
- Croatia
- Cyprus
- Czech Rep.
- Estonia
- Georgia
- Greece
- Hungary
- Kazakhstan
- Kosovo
- Kyrgyzstan
- Latvia
- Lithuania
- Moldova
- Montenegro
- N. Macedonia
- Poland
- Romania
- Russia
- Serbia
- Slovakia
- Slovenia
- Tajikistan
- Turkey
- Turkmenistan
- Ukraine
- Uzbekistan
