What is it?
"Inventions which are new, involve an inventive step and are susceptible of industrial application are patentable ". (Article 45 Legislative Decree n.30/2005).
A method or industrial working process, a machine, an instrument, a utensile or a machine tool, a product or industrial result may constitute an invention, and also a technical application of a scientific principle, as long as it gives immediate industrial results in return.
Why a patent?
A patent is useful to protect knowledge (technology), to eliminate competition, and to avoid that others may copy what has already been created, illegally exploiting the result of long and costly researches.
- to make the content of an invention publicly available and give the inventor the right of exclusive exploitation for a limited period of time;
- to promote and strengthen the interaction with the firm, in term of contacts, synergic interaction, development;
- to put the basis for the production of additional income, deriving from technological transfer activity of patented products/processes.
The right of the patent is entitled to the author of the invention or the model or its affiliates. italian and foreign citizens, companies, associations, or more individuals may patent.
Active utilizations are utilizations linked to the exploitment of patent exclusivity:
- action against counterfeiters: the owner of a patent has the right to take action against anyone who realizes and/or uses and/or trades the patented invention throughout the nation, and, in order to protect its rights, the owner can ask and often obtain urgen action taken against counterfeiters (for example requisition and injunction);
- transfer of the patent: the owner of the patent can alienate the patent by stipulating a transfer agreement with third-parties;
- patent licence: this contractual type includes the exclusive or non-exclusive grant to realize, use and/or trade the patent in return to the payment of a royalty to the owner, generically proportional to the price and the number of goods produced or sold by using the patent granted by licence.