Legal Question in Intellectual Property in Mexico
How large a sample should be in order to comply with the enablement requirement for patenting an invention? In other words, how can I know which is the right moment in a reserch study for initiating the patent prosecution? How many samples or test should I perform in order to demonstrate that my invention is functional? Thank you
1 Answer from Attorneys
A product or process to be patented must be a true invention and be useful. Enablement is referred to the wording that must be included in your application that will make possible for a specialist in the related field to reproduce and put your invention to work.
Once you start the patent process, the clock starts ticking and expenses are needed to protect your creation. Before the process gets started, get your figures straight so you don�t find yourself strangled financially. And double check the merits of your invention: if to you still looks not yet well tested, you might still be able to obtain a patent certificate, but you might fail financially.
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