What’s UIBM?

The Italian Patent and Trademark Office: what it deals with UIBM (the Italian Patent and Trademark Office) is the Office of the Ministry of Economic […]

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What’s EPO?

History, functions and tasks of the European Patent Office EPO is the acronym of European patent Office, the Office charged of providing with uniform procedure […]

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ESPACENET – The patent database

Do you want to know if your invention has already been invented? You can do it with esp@cenet, an online free service collecting patents and patent applications.

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Legal defence: Can one be condemned to pay compensation damages for plagiarism if one distributes but does not materially produce?

Legal defence: Can one, without yet having obtained the patent, legally act against someone copying him?

Contracts: Can I sell my patent, deposited in Italy, to a French company? If yes, what type of contract should I choose?

Contracts: What fees are payable on contracts related to patents?

A friend and I achieved a patent and now we are about to form a company for its exploitation. Is it better to keep the patent in our name or should we transfer it to the firm? And in this second case what should we do?

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 […]

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Patent: If I patent an object in Italy and then I show it to a company to commercialize it, can this latter (after refusing my proposal), file the patent abroad in order to get it granted and thereafter exploiting it in Italy and abroad?

Patent: After I filed the patent application, can I exhibit my invention to the public, even though the 18-month period needed for the publication has not yet passed?

Patent: Is it better to patent an invention abroad too before presenting it to a foreign company?

Patent: How long does a patent last?

Patent: Can various configurations of the same invention be protected with the same patent?

Patent: Is a european patent valid in Italy?

Patent: What happens if we patent something already existing, but has never been patented by others?

Patent: If it can be demonstrated the prior trading of a product that is subsequently been patented by others, can the patent be annulled?

Patent: How long after the filing of the patent will it be granted? And in the case that it cannot be granted, after how long will we be advised of this?

Patent: Must annual fees be paid in order to maintaining the validity of the patent?

Patent: Can the annual fees be paid directly without the help of an expert in patents?

Patent: If I file a patent application in Italy, since we are part of the European Community, is it automatically valid in all the Community countries?

Patent: Who is entitled to the rights of an invention of an employee?

Patent: Who is entitled to the rights in case of an invention been commissioned to a third party?

Patent: Can a patent be filed in the name of a person who is not the inventor? If yes, are there any particular conditions?

Patent: Is it possible filing a patent with validity throughout the world? If yes, how can it be done and what is the cost?

Patent: What values do claims have, and are they really necessary?

Patent: Must a search be done before patenting?

Patent: To file a patent is it necessary to have a prototype?

Patent: To file a patent must I have a prototype? If not, who takes care of verifying if the invention really works?

Patent: Can I file a patent abroad?

Patent: In order to get an object patented in Italy is it sufficient to check that nothing of the kind has been patented there, or is it necessary to take some other precautions?

Patent: How can a patent be filed?

Patent: Can a foreign citizen patent something in Italy?

Patent: Can I patent something by myself or do I have to consult an expert?

Patent: Is there any facilitation for filing an invention for those who can prove of not having any available funds?

Patent: Can an idea be protected without a patent?

Patent: What are the guarantees of secrecy in the months following the filing of a patent?

Patent: What is the difference between a patent and a trademark?

Patent: Can a patent be filed in a provisional form or at a Notary’s office?

Patent: What is the meaning of “public’s advanced accessibility”?

I have filed a patent application but I have not yet had any reply from the Italian Patents Office, and I don’t know whether it has been accepted or not. Do I have to wait for the granting of the patent, before producing my object?

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 […]

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If I make a prototype of my invention after having filed the application for patent but without having it granted yet, are there some risks? Could others gain advantages by seeing what it looks like?

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 […]

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I have to file a patent in Spain as I am negotiating with a local firm, but I have been told I cannot do it, as I must file it in Italy. It seems absurd and I would like to know how I could resolve this problem.

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 […]

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Ufficio Brevetti - Patents


Patents Patents are strategic assets for a company that wants to grow on the market. What do you obtain after filing it? Welcome to the Patent section To file a patent application, it is necessary to prepare the correct documents with the support of an expert. Below you will find a list of the main […]

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I have invented a new system that enables to precisely detect the out of play. How can I realize it? Can the patent be granted all in my name or do i have to half it with whoever makes it?

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 […]

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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 […]

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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 […]

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I have produced a particular type of a very beautiful money purse that, after I introduced it at an exhibition in this sector, has roused the interest of many people. I would like to have it patented but I have been told that I can’t as it is now too late, is it true?

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 […]

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In 1995 I filed an application for a european patent, through a friend of mine who is an accountant, but since then I have done nothing else and I have not heard anything more. How can I be sure that the patent has been granted?

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 […]

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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 […]

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I have assembled a racing bike weighing “x”, by using commonly sold components even if most of them come from abroad. Can I get the copyright or other forms of protection just on the weight?

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 […]

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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. […]

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I have to purchase a patent by a private person in order to produce it in my company. How can I be sure of its validity? Is it sufficient to have a declaration of this released by the inventor?

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 […]

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A year ago I sold my patent to a company. Now the office, which followed the file for the patent, warned me that the annual fee is expiring and it should be paid within 30 days. Must I pay it or not, since the patent is no longer mine?

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 […]

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I am a researcher for a public company and regularly remunerated, I have realized an invention during the course of my researches. Can I have the patent on my name or can the company where I work claim some rights?

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, […]

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Ufficio Brevetti - the foreign patent

Foreign patent

Foreign Patent The foreign patent is a strategic asset for a company that wants to grow in International Markets Here are 3 rights you will obtain after the registration: Welcome tu the Foreign Patent section If you don’t want to file your patent in Italy, Europe or at an International level but on the contrary […]

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io Brevetti - the international patent

International Patent

International Patent Filing an International patent (or PCT) allows to “book” your patent essentially almost in every country of the world by a single one application. Rely on the advice of our specialized patent attorneys to: Welcome to the International Patent section To file an International patent application, it is necessary to prepare the correct […]

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Ufficio Brevetti - the european patent

European Patent

European Patent File a European Patent and protect your invention in many countries! With the help of a patent attorney you can: Welcome to the European Patent section To file a European Patent application, it is necessary to prepare the correct documents with the support of an expert. Below you will find a list of […]

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Ufficio Brevetti - the italian patent

Italian Patent

Italian Patent Protect your invention for 20 years. File an industrial patent in Italy now! Choose an Italian patent with the help of a specialized patent attorney to: Welcome to the Italian Patent section To file an Italian patent application, it is necessary to prepare the correct documents with the support of an expert. Below […]

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Ufficio Brevetti - filing a patent

Filing a patent

Filing a Patent Why file a patent? There are at least 4 good reasons to do it: Welcome to the Patent section To file a patent application, it is necessary to prepare the correct documents with the support of an expert. Below you will find a list of the main topics on the subject, to […]

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