Patents - Patent

Let us now try to provide the reader with an initial overview of patent registration.

• - invention patent, is a new device;

• - A utility model patent is an improvement on something that already exists, e.g., a shape that makes it easier to use, or a new fastening system.

Deposit requirements:

• - The invention must be new, its novelty must be global, and disclosure is destructive of the possibility of patenting. Disclosure is constituted by a publication in which the invention is described in sufficient detail, and the sale of the device.

Note: For invention and utility patents, disclosure is destructive of the possibility of patenting. Therefore, the product must absolutely not be sold or exhibited at a trade show before filing the patent application.

• -The second prerequisite is that it be suitable for industrial application.

Invention patent term: 20 years from the filing date

Utility model patent term: 10 years filing date

For a patent for an invention or utility model, the steps are as follows:

1. 1) A patent for an invention or utility model is initially filed in Italy, and then, depending on the economic return on the innovation, it is evaluated whether to extend it abroad to ensure exclusivity in the countries of interest. In Italy, a patent may also be filed directly by the interested party. The challenge is preparing a technical report to avoid a later filing that is vulnerable and poorly protects the claimed exclusivity. This is why, for patent applications for inventions and utility models, the preparation of the technical report is supported by personnel specialized in the relevant sector. A subsequent international extension of a poorly prepared Italian patent is rejected by the competent authority, and since the re-filing of an Italian patent for the same subject matter is no longer a novelty, the exclusivity of the economic exploitation of the invention or utility model is ultimately lost.
2. 2) International patent filing (PCT) (I can then file in Europe and non-EU countries). WIPO prepares an international search report with a list of documents that interfere with the patentability of the invention. You can decide whether to withdraw the application or proceed. Once the examination report is obtained within 30 months, you must initiate the national phase by translating the text into the national language and paying the national fees. Each national patent office is not bound by the international examination report and may reach different conclusions. Even if the PCT does not conclude a patent valid in all member countries, the procedure constitutes important evidence of the patent's validity.
3. 3) Filing a European patent: The EPO provides a search report summarizing the prior art identified by the novelty search. You can then decide whether to continue with the procedure or suspend it. If you proceed, a substantive examination is performed. You may be asked to modify the subject matter or reduce the scope of protection. The timeframe for granting is 44 months. Then you enter the national phases, filing a patent for each country, including Italy. In this case, the countries are bound by the single examination procedure conducted by the EPO and must register the patent.