Brief Information on Patent, Design and Trademarks
in Italy
Trademark
It is the exclusive right without time limit (it may be renewed
every 10 years) on the actual distinctive sign or wording or definition
or firm name or of product or service, including the form to protect
people, firms, respective products and/or services and also the
respective packing of products or that desired, and including
possible colour combinations or other characterizing features.
The products and services to identify are subdivided in the well
known 42 classes according to the international destination classification.
For the detailed list of the classes press the button
International Classification of Trademarks
in 5 languages
For validity, the mark or distinctive sign must be new, and not
confusable with prior marks already filed or used in Italy, therefore,
a preventive search is important.
The Italian Trademark and Patent Office does not however
carry out a novelty examination on applications with the danger
that a mark even if granted is formally null because of a similar
prior mark even if not filed or registered but used only.
It should be noted that local prior use by a third party
of the same mark wanted to be registered by another party does
not invalidate the registration. The registration becomes effective
in the entire Italian territory excluding the local regions
where local prior use is already in existence. Therefore prior
use in a specific territory is maintained even if a Trademark
does not exist.
It is therefore essential to first verify that confusing prior
marks do not exist.
The Italian Patent or Utility Model provides an exclusive
right on the realization and exploitation of the innovation (Invention
20 years and Utility Model 10 years) and is not renewable.
One can maintain the protection of that desired by filing new
patents only which however state their protection solely on what
has been innovated (improvements) in respect to the preceding
patent, provided that the innovations are new (or have never been
predisclosed in Italy or overseas) and have an original characteristic
(not a common and normal design solution within everyone's reach).
Research
The current Italian law does not provide a novelty examination.
To understand the real inventive value of a new solution, it is
possible to carry out an
official preventive search, through the European Patent Office
with seat in The Hague that requires 5/6 months receiving a technical
report in which prior documents and their importance are listed,
or a on line immediate standard research, not binding and exhaustive,
by this organization.
The searches are done by name or sector on the basis of the International
Patent Classification
5 -Languages International Patent
Classification European patent Law & Regualtions
The patent may be extended besides Italy and Spain in the greater
part of the countries and also as a European or International,
claiming priority of the first application provided that the extension
occurs within the 12th month from date of the first national application,
with loss of the priority right (after the twelfth month one cannot
claim prior rights overseas).
If not yet disclosed, the national patent may still be extended
overseas but only within the 18th month from first application
date but without any priority right, so one runs the risk that
othe may in the meantime have already filed the same patent overseas
making null this subsequent operation.
International Patent Application (PCT)
Governed by the Cooperation Treaty in Patent matters (PCT).
Does not give rise to the attainment of a true and proper patent,
but allows by means of a single application to designate a great
number of countries both European and outside Europe therefore
even all the countries adhering to the treaty on the European
patent, as such it is advisable to do it before a European patent,
being able thereafter to also proceed with this latter.
Industrial Design
European Community Design
It covers all European Community Countries for 25 years
It is very cheap and give protection for any shape of an object or apparatus or device
Pictures of repesented Design is required
