AULA 5.1- UNIDADE 5 - MARCAS E PATENTES: COMO IDENTIFICAR A DEMANDA E ORIENTAR INICIALMENTE. — Transcript

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1. 0:00Hello, everyone. I am Professor Joaquim
2. 0:17Comin. We are starting our fifth unit,
3. 0:19trademarks and patents at the INPI. In
4. 0:22this unit, our goal will be quite
5. 0:24practical. Imagine someone approaches
6. 0:28you and says: "Create a name and visual
7. 0:31identity to identify my products." How
8. 0:35do I protect this? Or someone else says
9. 0:39: "I developed a new technological
10. 0:41solution. Is there any way to protect
11. 0:44it?" Situations like these can arise in
12. 0:48different professional contexts,
13. 0:50especially in areas of technology,
14. 0:52innovation, entrepreneurship management
15. 0:54, and administrative activities.
16. 0:58Therefore, in this first class, we will
17. 1:00learn to do three things: identify the
18. 1:02demand, distinguish trademarks from
19. 1:04patents, and know where to look for
20. 1:06official information. Let's begin.
21. 1:11First situation, someone created a
22. 1:13trademark. Folks, imagine that someone
23. 1:16approaches you because they created a
24. 1:19name or a visual identity to identify a
25. 1:21certain product or service. Here we
26. 1:25have a first indication that the demand
27. 1:27may involve a trademark. The INPI
28. 1:30itself explains that a trademark serves
29. 1:32to identify and distinguish products or
30. 1:35services. At this moment, we should not
31. 1:37make claims. Whether this trademark
32. 1:40will be registered depends on the
33. 1:41analysis carried out at the INPI. The
34. 1:45correct initial guidance is: let's
35. 1:47verify if this sign can be registered
36. 1:50and learn the appropriate procedure.
37. 1:53Notice that the first step is not to
38. 1:55promise a result, but to correctly
39. 1:58identify the situation. Now, imagine
40. 2:02that the person did not create a name
41. 2:04or a visual identity, but a technical
42. 2:07solution. Let's look at the next slide.
43. 2:10Second situation, someone developed a
44. 2:12technical solution. Now, the situation
45. 2:16is different. The person arrives saying
46. 2:20they developed a new product, a new
47. 2:22process, or a technical improvement.
48. 2:25Here we may be facing a matter related
49. 2:28to a patent. The INPI works mainly with
50. 2:32two types: invention patent and utility
51. 2:36model patent. But there is an important
52. 2:39precaution. We should not immediately
53. 2:41say: you have a patent, firstly because
54. 2:44it is still just a creation. Secondly,
55. 2:47because it will be necessary to verify
56. 2:49if it meets the legal requirements and
57. 2:51go through the procedure before the
58. 2:53INPI. So, once again, the initial
59. 2:57guidance should be to identify the type
60. 3:00of creation and check if it can receive
61. 3:02patent protection. So, folks, when
62. 3:07faced with a practical doubt, how can
63. 3:09we organize our reasoning? Let's see
64. 3:12this in the next slide. How to identify
65. 3:14the demand? Keep this short guide in
66. 3:16mind. The first question is: what
67. 3:19exactly does this person want to
68. 3:20protect? If we are dealing with a sign
69. 3:24used to identify and distinguish
70. 3:26products or services, our analysis
71. 3:29begins in the field of trademarks. If
72. 3:33we are dealing with a new technical
73. 3:35solution, a product, a process, or a
74. 3:37certain functional improvement, there
75. 3:40may be a patent issue. After that, it
76. 3:44is important to check if any search has
77. 3:46already been conducted in the INPI
78. 3:48databases. This check helps prevent
79. 3:52guidance from being based solely on the
80. 3:54impression or expectation of the
81. 3:56interested party. So, remember this.
82. 3:59First identify, then search, and only
83. 4:02then provide guidance on the next steps
84. 4:05. And where can we find reliable
85. 4:09information to provide this initial
86. 4:11guidance? Let's see this on the next
87. 4:14slide. Where to seek official guidance?
88. 4:18This will be an important principle
89. 4:20throughout this unit. We don't need to
90. 4:23memorize the entire INPI procedure. We
91. 4:27need to know how to find the correct
92. 4:29information. The official portal has
93. 4:31specific areas for trademarks and
94. 4:33patents. In the case of trademarks, we
95. 4:36find information about search,
96. 4:40classification, application, tracking,
97. 4:43and other stages. For patents, there is
98. 4:47also guidance on searches, requirements
99. 4:49, filings, and tracking the process.
100. 4:53Therefore, my dear students, when faced
101. 4:55with a doubt, we can organize our
102. 4:57actions in three steps: identify the
103. 4:59need, consult the official source, and
104. 5:01provide guidance on the next step.
105. 5:06Understand one thing, in this lesson we
106. 5:09learned that initial guidance starts
107. 5:11with a simple question. What does the
108. 5:14person intend to protect? If they wish
109. 5:17to protect a sign that identifies
110. 5:19products or services, we may be dealing
111. 5:22with a trademark. If they present a new
112. 5:25technical solution, product, process,
113. 5:27or functional improvement, we may be
114. 5:29dealing with a matter related to a
115. 5:31patent. And remember our sequence:
116. 5:34identify, consult, guide. In the next
117. 5:38lesson, let's imagine that someone
118. 5:39wants to register a trademark. Before
119. 5:42filing the application, what do we need
120. 5:44to check? This will be the topic of our
121. 5:47next class: trademark registration.
122. 5:50What to check before filing the
123. 5:53application? I am Professor Joaquim
124. 5:55Comin. See you next time.