The patent provides legal protection for innovative solutions to technical problems. A patent gives its owner an exclusive right generally limited to a period. Therefore the owner of the patent holds a monopoly on the subject matter of the patent. Consequently, unless there is a prior agreement (for example entered into through an exploration license), the object of the patent is not available for commercial exploitation by third parties.
To obtain a patent, the innovative solution developed must comply with:
Novelty – exists if the invention object of the patent has not been disclosed in writing or orally or in any other form prior to the date of filing (including disclosure by the inventor or owner, if not subject to implicit or explicit constraint of confidentiality, it is destructive of the novelty).
Originality – exists when the invention is not obvious from the known technique at the filing date. The originality is frequently supported by differences with the known technique that solve some technical problem or give previously unattainable advantages.
Industrial applicability – exists if the invention can be manufactured or used in any industry, including agriculture, it is therefore almost always tacitly present and excludes from patentability only extreme cases such as "perpetual motion".
The lack of the requirements listed above, if proven, may cause the rejection of the Patent Application or the cancellation of the granted Patent.
As regards the legal territory where the exclusive right is granted, it should be noted that the extension of the patent depends on the type of registration made. So, for example:
Italian Patent – Protection is limited to the national territory;
European Patent – With a single application you can designate more than 39 countries;
International Patent (PCT) – With a simple application you can designate more than 152 countries.
The support of legal knowledge combined with technical expertise makes it easier to tackle the preparation process up to the granting of the patent in order to prevent an innovative solution from becoming devoid of commercial value. An in-depth exchange of information and comparisons between the inventor and our consultant is therefore appropriate.
Multi-protection: thanks to careful examination, a Patent can be protected in combination with other tools such as the Trademark, Model-Design, Copyright. This circumstance can occur when the Patent distinguishes products that are placed on the market with their precise communication identity. Therefore, novelties in the patent, in the brand and in the design provide 360° protection.