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PATENTS

A patent is granted when a technical problem is solved. The solution can consist of a product (machine, instrument, tool or mechanical device) or of a method or working process. According to Italian law now in force (Industrial Property Code) an invention must be:

 

1) new (invention not included in the state of the art at the moment of the application);

 

2) not obvious (the invention must imply an inventive step, and as a consequence it does not have to be obvious from the point of view of a skilled person in a given field of activity);

 

3) suitable for application in industry (including agriculture);

 

4) lawful (not contrary to public order or morality).

 

A patent can not concern: scientific and mathematic discoveries, theories or methods; ways of performing a mental act, playing a game or doing business; computer programs; the presentation of information; methods of medical treatment or diagnosis; animal varieties.

 

The office which deals with Italian patents is UIBM (Italian Patent and Trade Mark Office), which is a division of the Ministry of Economic Development. Italian patents are in force from their filing date and become available to the public 18 months after their application date. UIBM at the present does not carry out any substantive examination on patent applications, which as a consequence remain valid until any judgment on the contrary is issued. A patent remains in force for a maximum of 20 years after application date. The filing fee includes the first 4 years of validity of the patent, then from the fifth year on a yearly maintenance fee (annuity) is due. The lack of payment of a single annuity leads to lapse of the patent, while after the 20th year the invention is no longer protected by the patent and everyone has the right to exploit its contents.

 

A patent can by extended abroad within 12 months of its filing date in Italy. This extension can be performed country by country, by filing a translation of the patent into the local language with the involved National Patent Offices, or by means of a convention (European Patent Convention, Patent Cooperation Treaty), even in absence of a previous Italian application. A European Patent is granted after a substantive examination and it alllows its owner to validate the patent in one or more member States by filing a translation into the local language of the granted European Patent. The International Patent (also known as PCT) is a unified application procedure which allows the patent owner to maintain the right to protect his invention in one or more member States much after the usual 12-month period. In this case the substantive examination is carried out by the National or Regional Patent Offices designated by the applicant.

 

Europatent-Euromark S.r.l. has been advising its clients since 1988 with regard to Italian, European, International and foreign patent applications, thanks to its experience in the IP field and to a consolidated network of foreign associates.

 

 

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