What is a patent?
A patent is a state-guaranteed exclusive right, a formidable commercial tool for businesses that allows them to obtain exclusivity in a product or an innovative process.
What are the basic requirements of an idea to be patentable?
The basic requirements are three:
- New: The invention must be of originality, must not be present in the state of the art; state of the art means everything that has been made available to the public, in Italy or abroad, before the filing date of the patent application.
- Inventive activity: The invention should not be trivially deduced from the state of the art.
- Industrial application: The invention must be applicable at industrial level.
Is the filing of a patent sufficient to protect my idea?
The patent is the only legal tool available to protect your idea.
The patent owner has exclusive rights to the production, marketing or implementation of the patented invention. No one can produce, market or implement the process of the patented idea without the prior consent of the patent owner.
If I change a small detail of my invention I'm stolen the idea?
No, the patent claims protect the essential requirements of the invention. Anyone trying to copy a patented idea can be prosecuted according to law, in this case a judge will analyze the patent and issue a ruling against the submitter.
How long does it take to process a patent?
For complete processing a national patent application, Troncone Engineering takes 15 working days.
How can I leverage my patent?
The patent allows you to fully exploit the exclusivity of the product or process as a strategic tool for market entry.
It can also be exploited by granting licenses to investors and / or companies interested in the product or process deriving from the patent, obtaining recognition as royalties, or the rights to exploit the patent from 2% to 15% % ca
There is also the possibility of completely surrendering patent ownership, however, giving up all the rights to exploit it.
How much does it cost to file a patent application?
Depositing costs depend on the scope of the invention but are generally the same for filing a patent application as "Utility Model" and as "Industrial Invention". A patent can be filed at any Chamber of Commerce and has the following costs:
- deposit of € 120,00 in case the descriptions, summaries, claims and drawings do not exceed a total of 10 pages;
- secretarial fees € 43,00;
- stamp duty of EUR 16.00 if a required copy of the deposit application is required.
The above mentioned fixed costs are solely for the filing of the application and are exempt from the remuneration of the practitioner who instructs the practice of writing and patent registration. Given the complexity of the procedure, it is advisable to seek a patent expert to overcome a patent denial, to argue that there is no patent policy, and generally to avoid having to engage in out-of-investment.
How much does it cost to keep a patent alive?
The first maintenance fee is payable after the fourth year, as follows:
- fifth year 60,00 euro
- sixth year 90,00 euro
- seventh year 120,00 euro
- eight years € 170.00
- ninth year 200,00 euro
- tenth year 230,00 euro
- eleventh year 310,00 euro
- twelfth year 410,00 euro
- thirteen year 530,00 euro
- fourteenth year 600,00 euro
- fifteenth year (and up to 20th) 650,00 euro
Since my idea is actually protected?
The idea is completely protected from the day the application is filed even if the patent right is granted after approximately 3, 4 years.
What is the difference between a patent as a "Model of Utility" and a patent as "Industrial Invention"?
The difference is very subtle: Legally, a patent as a "Model of Utility" lasts 10 years and is valid only in Italy; one as "Industrial Invention" has a duration of 20 years. Both can be requested for international extension. In the case of a patent as a "Model of Utility", it is advisable to apply for patent processing as "Industrial Invention".
Why should I apply for a patent as a "Model of Utility", could I not always require a patent as "Industrial Invention"?
What is initially filed is a "patent application" that will be accepted or refused after about 4 years; an examiner will judge whether that application is indeed a patent such as "Industrial Invention" or a patent as a "Model of Utility". There is no need to claim a patent as an "industrial invention" if it is clearly a patent as a "utility model", since it is likely to have a refusal of patent protection with a consequent waste of economic resources. If you want, you can make a duplicate request, both patented as an "Industrial Invention" or a Patent as a "Utility Model".
I have filed a National Patent Application, but I am very confident in the goodness of my invention and I would like to patent also internationally, how can I do it?
The national patent application, both as a Model of Utility and as an Industrial Invention, has been protected by the priority right which, from the date of the national deposit, guarantees international protection. This right is valid for 12 months from the date of the national deposit. By way of example: If filing a patent application on 01/01/2012, international protection is guaranteed until 01/12/2012; within 12 months an international patent application is required.
I work at the University or at a public institution, if I have a patentable idea, who are the rights to economic exploitation?
Article. 65 C.P.I. provides that when the employment relationship is with a university or a public administration with its institutional aims for research purposes, the researcher is exclusively the owner of the rights deriving from the patentable invention of which he is the author. In the case of multiple authors, university employees, public administrations or other public administrations, the rights deriving from the invention belong to all in equal parts, unless otherwise agreed
What is a European Patent?
A European patent confers on its holder, in each Contracting State in which it is issued, the same rights that would be granted if the patent was issued in that country.
Through this procedure, the applicant will not have a single patent but a bundle of national patents subject to the laws and jurisdiction of the individual states designated by the applicant.
How much does it cost to file a European patent application?
The total costs for filing a European patent application are around 3500 euros, payable within a pre-established time, excluding the 900 euros concession fee to be paid within a period of invitation. These costs are solely the filing of the application, given the complexity of the matter, it is advisable to rely on a patent expert to avoid the risk of a rejection of the patent application.
What features should a sign have to be registered as a trademark?
The law requires a sign to be validly registered as a trademark if it has:
- Novelty as it is not confusing with other distinguishing marks of others (trademarks, domain names, trade names)
- Distinctive ability as it distinguishes a product or service from that of others
- Lawfulness as it is not contrary to law, public order and goodwill and, above all, unsuitable to mislead consumers about the geographical origin, the characteristics and the quality of their products and services.
Who can register a trademark?
Article. Article 19 of the CPI states that "it may obtain a trademark registration by anyone who uses it or proposes to use it in the manufacture or trade of goods or in the provision of services of its own enterprise or of undertakings to which it has control or use with his consent ". It can be a natural person or a legal person.
How Much Does a Trademark Record?
The cost of registering a trademark is characterized by:
- € 101.00 registration fee including one class
- € 34.00 for each added class
- € 43.00 secretarial rights
- stamp duty of € 16,00 (if a required copy of the depository is required)
Since the trademark is actually protected?
The trademark is completely protected from the day the claim is filed even if the actual registration of the trademark occurs after about 2 years.
How much does it cost to file a European Trademark Application?
The cost is around € 1000.00. The European Union brand is valid for ten years and can be renewed indefinitely for a further decade.
N.B. This F.A.Q. has been processed solely and exclusively for information, Troncone Engineering assumes no liability whatsoever on disclosed information.