Can I file a patent application?

Whether you are an individual or are representing a legal entity, you can file your patent yourself or arrange for a professional agent to help you with the filing process.

 

Natural persons and legal entities

A patent application may be filed in the name of one or more natural persons or legal entities.  The applicant will be the patent holder.

 

Natural persons are individuals, skilled workers or tradespersons working on a self-employed basis.

 

Legal entities are considered to include trading and non-trading companies, economic interest groupings, associations, foundations, the State, trade unions, public institutions, etc.

 

Important: If the applicant is a legal entity, a power of attorney will be appended to the application, authorising the representative of the legal entity to file it.

 

A company that is in the process of being incorporated does not yet officially exist, and consequently a patent application may be filed in the name of the natural person, who may be the company’s founder, and may be represented by an agent.

 

Choosing an agent

Any applicant may be represented by an agent, if they so wish.

The agent must attach a special power of attorney to the application filed, authorising them to act on behalf of the applicant.

The power of attorney must include the following:

  • the title of the invention
  • the date and signature of the principal (i.e. the applicant)
  • the status of the agent, if a legal entity
  • the date and the agent’s signature.

 

When should I file ?