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ARTICLE · 04 MAY 2023

Market Intelligence Thought Leadership Award Winner

Protection Of Less Inventive Technological Improvements

The correct time to apply for a patent to protect an invention is not always easy to determine.

BrazilIntellectual Property

The correct time to apply for a patent to protect an invention is not always easy to determine. The ideal solution is to delay the filing of the patent application as much as possible, in order to achieve full development, but this is not always possible. In some situations, the applicant, whether individual or legal, are subjected to the risk of seeing his creation exposed before the due protection has been required. A first example is when the invention needs to be tested, technically or commercially, becoming it public. Another example is the necessity to hire professionals or specialized companies to cooperate in the development of the invention. These situations can lead to a premature patent application, which risk is the lack of sufficient technical detail, options or constructive options that may arise during the field research or market demands.

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