Patent Agreement in Italiano

An Italian patent grants protection throughout The Italian territory (for a total of about 324,000 square kilometers and about 60 million inhabitants) and in the State of San Marino and can be recognized in Vatican City. It is possible to claim the priority of the first earlier patent application filed in Italy or in one of the other Member States of the Paris Convention within 12 months of the date of that first application. More than one priority is allowed. A first filing of an Italian patent may serve as the basis for a priority claim if subsequent applications for the same invention are filed in other States parties to the Paris Convention. All new products or processes in any field of technology are patentable inventions, with the exception of therapeutic processes for the treatment of human beings or animals, new animal and plant varieties or essentially biological processes for the production of plants or animals. The invention must be novel, involve an inventive step and be capable of industrial application. Any natural or legal person of Italian or foreign nationality may file an Italian patent application. An extension of the patent term can be obtained for pharmaceutical patents and for patents of plant protection products under certain conditions by applying for a supplementary protection certificate. Patents are granted approximately 3 years after the filing date.

However, exclusive rights may be exercised until the patent is granted (see Application Rights). Applicants may only be represented professionally by qualified patent attorneys who are members of the Italian Institute of Industrial Property or by lawyers. The granting of licences and the assignment of Italian patents are permitted. Italian patents may also be subject to security rights. At the filing date of the patent application, the invention must contain a so-called inventive step: an activity that an expert in the field in question who knows the state of the art in that field would not recognize as obvious. Absolute novelty is a prerequisite; Any disclosure of the invention before the filing date of the patent application or before the priority date may result in the invalidity of the patent. Italian patents are subject to use requirements and compulsory licenses: if a patent is not transformed or is not sufficiently transformed into production in Italy or imported from member states of the European Union or the World Trade Organization, third parties may apply for a non-exclusive compulsory license for the patent. There is no need to submit proof of work to the IPTO.

The patent expires if it is not used within 2 years of the grant of the compulsory license. The compulsory licence may be revoked if the circumstances that led to it no longer exist and are unlikely to recur. The IPTO conducts an examination of formal patentability requirements. Applications filed on or after 1 July 2008 will also be the subject of a novelty search carried out by the European Patent Office on behalf of the IPTO and made available to the applicant. The applicant has the right to prevent third parties from using the invention and to initiate legal proceedings or to apply for interim injunctions for this purpose. It may do so from 18 months after the filing or priority date (period during which the patent application is publicly available) or earlier, provided that the third party has been informed. A granted patent or patent application gives the holder the right to apply for customs protection, including the seizure of counterfeit goods in customs. . The Paris Convention, the European Patent Convention, the Patent Cooperation Treaty (PCT) and the TRIPS Agreement (members of the World Trade Organization). Patents have a term of 20 years from the filing date.

The invention must be capable of industrial application. Such a request can be made in any area of industry, including services and agriculture. Espressioni brevi frequenti: 1-400, 401-800, 801-1200, Altro Patent applications can be filed in Italy, with the provincial offices of the Ministry of Industry or the Italian Patent and Trademark Office (IPTO). In addition to the registration fee, an annual maintenance fee is required, which must be paid in advance from the 5th year. Risultati: 252. Esatti: 252. Tempo di risposta: 107 ms. . . .