The invention patent is the most effective and long-lasting form of protection granted to those inventions that have a high degree of innovation, even if the solution adopted may ultimately be rather simple. It has a duration of 20 years starting from the filing date of the patent application and, like all patents, cannot be renewed upon expiry. Products, manufacturing processes and plant varieties may constitute the subject matter of a patent, whereas the following are not patentable (Art. 12 of the Italian Industrial Property Code): discoveries, scientific theories, mathematical methods, plans, principles and methods for intellectual activities, for games or for commercial activities, computer programs, and presentations of information as such. Beyond the static legislative definition, understanding what can actually be patented as an invention requires a great deal of study and practical experience. In synthetic terms, it is commonly said — though this definition is rather unsatisfactory — that an invention represents an innovative solution to a technical problem, while a utility model represents an improvement to existing objects. In order to be patentable, the inventive finding must also satisfy the following additional requirements: novelty, inventive step (originality), industrial applicability, and lawfulness. To obtain an invention patent it is necessary to prepare the required documentation and pay the relevant fees. Legislation: Royal Decree No. 1127 of 29 June 1939. For any information you can contact us by e-mail at:
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