PATENTS

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.

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.
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.
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.
Patent technical legal consulting and assistance in extrajudicial and judicial litigation in Italy and abroad. Patent interference opinions and expert opinions.
The European unitary patent will come into force on 1 June 2023. The novel will radically modify the European patent system with a patent that will have uniform and unitary effects throughout the European Union and will be subject to the jurisdiction of a supranational body that takes into account the high technicality of the matter: the Unified Patent Court. The European unitary patent is an alternative, but not a substitute, to the current European patent. The aim is to reduce the costs and formalities necessary to grant and maintain the European Plant Variety Rights. The patent with unitary effect, granted in accordance with the ordinary procedure before the European Patent Office (EPO), will have effect in all the participating European countries eliminating the current and expensive phase of nationalization of the title in the various Member States. The European patent with unitary effect ("unitary patent") will be issued by the European Patent Office (EPO) and will allow, through the payment of a single renewal fee directly to the EPO, to simultaneously obtain patent protection in the 25 EU countries participating in the system: Italy, France, Germany, the Netherlands, Belgium, Luxembourg, Poland, Malta, Cyprus, Greece, Sweden, Denmark, Finland, Estonia, Latvia, Lithuania, Czech Republic, Slovak Republic, Slovenia, Portugal, Austria, Romania, Bulgaria, Hungary, Ireland. Although the 25 EU Member States participate in the unitary patent regime, initially the unitary patents granted by EPO will not cover the territory of all 25 countries, because some of them have not yet ratified the TUB Agreement. As a result, there will initially be unitary patents with different territorial coverage. Italy has for some time completed the legal requirements for joining the TUB and the unitary patent system and has designated Milan to host the local headquarters of the TUB in Italy. Merit of the new system is that to guarantee a remarkable saving in phase of concession and maintenance of the title, answering therefore to the requirements of internationalization of the enterprises. The patent with unitary effect is a single title; judgments on its validity and on the infringement by competitors is therefore left to the newly established Unified Court. The Unified Patent Court will have exclusive jurisdiction to know about the validity and infringement of unitary patents and the relative decisions will have direct effect in all the acceding States. The procedure is rapid and guarantees three degrees of judgment, like our domestic legal system, providing for the appellation of decisions before the Court of Appeal in Luxembourg and, finally, the Court of Justice. From 1 March 2023 began in fact the c.d. sunrise period during which the owners can decide whether to request to delay the granting of applications already filed to re-enter the system or exercise the c.d. opt-out.
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.
  • Priority Search
A prior art search is aimed at tracing documents that can invalidate the utility model filing and the existence of validity requirements. Priority research for proceeding with the utility model application filing is essential. In fact, for the utility model there is no substantive examination by the Office in charge and competent to grant it.
  • Filing
Filing an application for utility model registration in Italy or abroad protects the improvement of an existing product. The inventive step requirement is the improvement in utility, efficacy or convenience of use over the already known object and the state of the known technique. The title lasts for ten years and, like all intellectual property titles, must be registered to be protected. The exclusive right is territorial therefore recognized only in the countries in which it is registered and/or granted (national, European, international).
  • Surveillance
Patent surveillance is a means of defending your patent title. The monitoring of the technical sector in which you operate and the activities of your competitors allows you to oppose the granting of patents that interfere with yours and to avoid the risk of infringing the patents of others.
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