The choice of the transferral or not of the patent depends mainly on the financial and commercial evaluation rather than the juridical one, but, usually, who forms a company to exploit a patent, must at least be able to use it in some way, otherwise there is no point. To allow the company to be […]
The granting of the patent is not essential for the production of the object. There are many items being produced without having requested any patent, as this is not a certificate enabling the production, but a document for the prevention against others manufacturing the same invention. As a matter of fact, the same granting of […]
After having deposited the patent application, and even before it gets granted, the patent holder is protected from the legal point of view to all effects. It is true that the application remains secret for a minimal period of 90 days and maximum of 18 months, but this does not mean that the requestor has […]
It is true that the Italian regulation on patents forces the Italian residents to file the patent applications for the inventions in our country, and to wait a period of no less than three months before it can be extended abroad. This is a rule to protect the interests, mainly military ones, of the State […]
First of all it is necessary to understand the actual invented system and, above all, if it is only an idea or if it is clear how it should be made. In this second instance, it is already possible to file a patent application related to the system in its entirety, describing in detail its […]
A friend and I have started producing on our own an object, which before, in order to sell it, we used to buy by a competitor company; at a certain point this company became unapproachable about the supply, and has also increased the prices a lot, but they wrote to us stating that they had a patent. At a first check it really looked that way, but it seems to us that there are other prior equal patents. What can we do to revoke it and continue producing it?
If, in fact, there are patents prior to a competitor preceding his invention, then there really is a possibility of asking to have it annulled as one of the essential requisites (the novelty) necessary for the granting, is missing. It is not surprising that in Italy the patent has been granted, as in our country […]
I manufacture a machine for pasta-making factories and, unexpectedly, within a few days, I received first, an action against me for forgery with an invitation to attend a civil hearing, and after one week I received a brochure showing the patent that I would have infringed. Is all of this normal? Shouldn’t i have first been informed of the existence of this patent?
Usually the holder of a patent does not have to inform others of the existence of it and can start a lawsuit for infringement without notifying anybody. This happens because patents are public documents that, in theory, everyone can see; therefore whoever copies a patented item commits an illegal action, whether he was aware or […]
It is really a good rule to deposit patents of your own innovative objects before presenting them to the public, but unfortunately not everybody does this, often preferring to first evaluate if the market has an interest for it, and only deciding to patent it if this is positive, but by then is not always […]
It is very strange that the European Patent Office has sent no information after an application for a European patent in 1995. Once filed the application, this must be followed in its track, often the office sends notifications and above all, the annual fees maintaining the validity must be paid. Particularly, you must have received […]
I purchase with the exclusive right, patented products from a company. Now I notice that the patent has actually been granted a long time after I started buying the goods, and a friend told me that, if this is the case, I could also produce it myself, without using the company and without being harassed. Is it true?
An invention to be properly patented must be new and therefore must never have been produced, commercialized or even just presented to the public before the patent application has been filed. On the contrary, the patent loses its validity and anyone could produce it. Your friend was probably referring to this particular instance, but before […]
The weight of the goods is a feature that cannot be considered for an industrial right, whether it is a patent or any other kind. Admitting this sort of protection would mean precluding anybody else manufacturing the same object with the identical weight, but using different components and therefore, this would constitute a regime of […]
I have to present a patent for a new instrument invented by me. On one hand I don’t want to lose time to prevent that someone else patents it before me, but on the other hand I am worried that it can be improved and therefore someone could get around it. If I patent it now can I claim rights even on the improvements?
It is perfectly understandable that who has invented something may be concerned about the discovery that someone else might have beaten him to it by a flash. Obviously it is better proceeding with the patent application as soon as possible, but it is sensible to have a clear idea on what we want to protect. […]
Before purchasing a patent it would be wise to do the necessary verification, as a simple declaration given by the inventor is of very small importance. Of course this could be useful to act against him in case of bad faith or false information, but it would not resolve the risk of being unable to […]
If we handover a patent it means that we have “sold” it to a company or private person which now becomes effectively the owner. In such case all the related responsibilities, including payment of the annual fees, are up to the new owner and not the original requestor who has nothing more to do with […]
Up until 2001 and particularly at the enactment of Rule n. 383 of the 18th October 2001 introduced in the Art 24 b. of the Inventions Ruling in force then, the invention realized by a worker who was employed as a researcher, generally belonged to the firm employing and paying him a monthly salary. However, […]