Lack of patent protection

ARMAGE2 is a Spanish company that produces farming mechanical tools and owns patents and utility models over certain tools in Europe, Argentina and Brazil.

Its Argentinean distributor offered it to start distributing two patented products in Uruguay. Unfortunately, the patents were applied for in Spain more than 12 months before; therefore, ARMAGE2 was not able to claim priority for its Uruguayan patent application.

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Lessons learned

Develop a patenting strategy taking into account your current and potential target markets.

Seek for IP professional advice before commercializing your products in order to protect your IP accordingly.

Decide during the 12 months priority period which markets are you interested in. Take into account that a Patent life is 20 years.

In case you cannot apply for a patent, there are still means of protecting your products, as trademark, design, software…