In today's economy, innovating is equivalent to surviving and even recent history is full of examples that show how companies that have not been able to innovate or have done so later have lost market positions and in some cases have had to exit the market.
MP accompanies its clients in the development and innovation process, providing assistance in creating a patent protection strategy, writing and subsequently filing the patent text, with possible defence in the case of infringement and its subsequent valorization through licensing agreements; working as a partner of our clients, any advice we give always takes into account the cost-benefit ratio that is essential for the success of each project.
What is an invention?
A new and original solution to a technical problem.
What is a patent?
A patent is a right that gives the applicant an exclusive monopoly of exploitation of his invention with a limited duration and also territorially.
It has a maximum duration of 20 years from the filing date and after 18 months from the filing date or priority date, the patent application is made accessible to the public.
At time level, the only exception is for patents that relate to drugs.
Once published, patent documents are collected in databases accessible to all, in order to diffuse technical knowledge and stimulate the production of new innovations.
A patent is valid in the territory in which it is released and can be extended to other countries within 12 months from the filing date.
What can I patent?
According to art. 45 IPC (Industrial Property Code), all inventions that represent a new and original solution to a technical problem or which meet the requirements of novelty, inventive step and industrial applicability, can be patented for invention.
Novelty (art. 46 IPC) means that the invention is not already included in the prior art and that it has therefore not been disclosed in Italy or abroad before the filing or priority date. For example, if the invention was exhibited at a fair, or published in a scientific journal, the same invention loses novelty requirement and cannot be patented.
According to art. 47 IPC, an invention is considered as involving an inventive step if, for a skilled person in the field, it is not obviously inferred from the state of the art.
An invention has the requirement of industrial applicability when it solves a technical problem in the industrial field and when it can be manufactured or used in any kind of industry, including agriculture.
The following cannot be patented:
- Discoveries, scientific theories and mathematical methods;
- Schemes, rules and methods for intellectual activities, for games or commercial activities and computer programs;
- Presentations of information;
- Methods for surgical or therapeutic treatment and diagnostic methods (medical devices, however, can be patented).