PATENT FILING AND REGISTRATION

A patent is a title under which the proprietor is granted a temporary monopoly of exploitation of a invention, for a limited period of time, consisting in the exclusive right to realize, dispose of and make commercial use of it, by prohibiting such activities from other unauthorised parties.

Massa Law Firm drafts and files patent applications in Italy (UIBM), Europe (EPO) and worldwide through the PCT system, ensuring full protection of innovation and effective defence against counterfeiting.

Our patent-protection process

PRIORITY SEARCH AND PATENTABILITY PARTERS

The priorities searches determine the possibility of patenting your inventions. These searches are conducted for competitors or within the industry and are aimed at excluding any prior rights that may interfere with the patent application or at planning market strategies.

FILING PATENTS FOR INDUSTRIAL INVENTION

Study, drafting and filing of national, international and European patent applications. Filing of patent applications in all countries of the world for you to obtain the exclusive right to produce and commercialize your invention. A patent is a territorial right protected only in those countries or set of countries where it has been granted for a maximum duration of twenty years. Assistance in examination procedures before the appropriate commissions for you to obtain the grant of your patent. Assistance in any subsequent opposition procedures. Management of patents for their maintenance and/or validity.

SURVEILLANCE

Continuous or periodic surveillance, whether for competitors or within the industry, is crucial for the analysis and evaluation of the technological state of the art in which you operate. We also provide contract drafting and assistance in licenses, transfers, and acquisitions of patents.

OTHER ACTIONS TO PROTECT THE INVENTION PATENT

Patent technical legal consulting and assistance in extrajudicial and judicial litigation in Italy and abroad. Patent interference opinions and expert opinions.

Available patent solutions

UNITARY EUROPEAN PATENT

In force since 1 June 2023, following a sunrise period that began on 1 March 2023, the unitary patent confers uniform protection in the EU Member States that have ratified the Unified Patent Court Agreement (UPCA). Granted by the EPO, it replaces costly national validations with one renewal fee and a single procedural language. Coverage will eventually extend to 25 EU countries, though the actual territorial scope depends on each State’s ratification status. Validity and infringement disputes are heard exclusively by the Unified Patent Court (UPC), whose decisions are immediately effective throughout the participating States; Italy hosts a local UPC division in Milan. Holders of pending European applications can file a delay request to enter the system or exercise an opt-out to remain under the classic EPC route.

INTERNATIONAL PATENT (PCT)

The Washington Cooperation Treaty allows the filing of a single "international" patent application in which it is possible to designate more than 150 States that have acceded to this Treaty and that include substantially all the most industrialized countries in the world. The PCT International Patent application allows to postpone up to 30 months from the filing date or from the priority date the choice of States in which to extend their patent application. The procedure requires patenting for each state in which you want to obtain a patent. The PCT International Patent application, in each designated State, is equivalent to a national application filed with the national Patent Office of the individual State.

UTILITY MODEL PATENT

A utility model protects a technical improvement to an existing product. It still requires a prior-art search, but the filing proceeds without substantive examination; the right lasts 10 years. Continuous database monitoring is recommended to detect conflicting titles and deter infringement.

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