WHAT IS A PATENT?
The patent is the title that allows those who have created an invention to be able to produce and market it in the country in which the patent was applied for. Innovative products of any type (machinery, everyday objects, containers, electronic devices) or processes -including chemical ones to obtain a specific product- as well as food, compounds and substances can be patented. Obtaining a patent is therefore extremely important for those who have invested in innovation and research as this is the only way to ensure exclusivity and prevent others from copying your product.
TYPES OF PATENT
There are two types of patents: invention patents and utility model patents. An invention is “an innovative and original solution to a technical problem” and can have to do with both the product itself and a part of it or it can also be a simple process or method that concerns it.
The patent for an invention has a term of 20 years from the date of filing of the application and, like all patents, cannot be renewed upon expiry.
However, once the legal term has expired, it will enter the public domain.
The utility model patent was created to protect those objects (not processes) that represent a modification of already existing objects that entails greater utility or ease of use of the object itself.
It is sometimes difficult to distinguish a utility model from an invention in fact many people consider the utility model as “a small invention”. It is also said that we have an invention when we make a new product, while we have a utility model when we improve an already existing or publicly known product.
It lasts 10 years and is not renewable.
Even the patent, like the trademark, must meet certain specific requirements: it must be new, that means that your invention must not have been made public – not even by yourself – before the date of the application and it must never have been produced or patented anywhere in the world; inventive that is that your product or process must be an inventive and original solution; lawful, that is it must not violate public order or morality, and industrially applicable, that means that it must be able to be manufactured or used in any kind of industry, commerce or in agriculture.
Once the patent has been granted, the law gives the owner the right to make exclusive use of the invention. This means that only the holder will be able to produce, use, market, sell, import and license the patent for the duration of the grant.
In general, each patent is exclusively valid only in the country in which it is granted. To extend the rights deriving from the protection of an invention or solution abroad, it will be necessary to file as many applications as there are countries in which you want to patent it.
It is, therefore, necessary to establish immediately where it should be filed and which type of filing to choose.
You can choose to file an Italian patent that is valid only in Italy, a European patent or an international patent, that has a validity in multiple countries.
The European patent is a patent valid in several European countries that have adhered to the European Patent Convention to which the European Union states and some neighboring countries are part. It is requested with a procedure managed by the European Patent Office EPO; the international patent also known as PCT (Patent Cooperation Treaty), managed by the WIPO of Geneva, allows you to file a “single application” for a patent in all of the contracting states (146) that have joined the PCT, which are almost all of the states in the world.
To file a patent application, it is necessary to prepare a practice that must contain a series of documents and meet all the requirements of the related legislation.
The invention is patented on the basis of a project that must be adequately described; for this reason, relying on experts in this field allows you to bode well for the success of its grant.
Studio Rubino Srl, thanks to its team of experts, offers integrated approach tools in order to meet the needs of each client without leaving anything to chance; provides the necessary administrative and legal support, as well as the technical support for the entire duration of the procedures, including in the phases of transfer of ownership, maintenance of the patent or territorial extension or even in any legal cases.
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