About Patent &TradeMark Information
Patents & Utility Model
5-languages International PatentClassification
The Patent or Utility Model provides an exclusive right for the realization and exploitation of the solution.
(20 years for a Patent and 10 Years for an Utility Model)
Protection cannot be extended after the lapse, however filingnew patents and Utility models is allowed on the same subjectmatter but their protection is valid solely on what has been innovated(improvements) in respect to the preceding solution., providedthat the innovations are new and have an original feature, namelyan Inventive Step.
(Utility Model needs a reduced Inventive Step).
The Spanish Patent has closely the same requirements ofItalian Patent
The Spain Utility Model is quite different because is directedto the special (tridimensional) shape or feature of the object
Search
The current proceeedings does not provide a novelty examination.
To understand the real inventive value of a new solution, it ispossible to carry out a search only through the European PatentOffice.
It is possible to perform local search in a limited way Eg. bya specific name of the applicant or other well-defined data.
European Patent Extension and Validation
(National phases)
Validation in Italy and Spain requires transaltion of the pubblicationof the EP and filing in respective Patent Offices.
Spain Provides the pubblication of the translation.
Italy provides to place at public disposal the respective translation.
Both Countries allow filing Claims Translation before granting,after filing date of EP.
If the EP Application is refused, it is still possible to filein Italy and Spain an Utility Model.
To allow cost reduction and most effective uniform translation,European or International Patent Applications can be extendedand validated in Italy and Spain by our Organization in a single action with a single Italy andSpain Validation Order in this case is issued a single debitnote with both Validations Documents and Receipt.
Pubblication/Disclosure of the Application: 18th monthfrom application date.
Italy & Spain is in agreement with International Patent Application(PCT) System
Requirements:
Drawings or photos
Power of attorney (one for each country)
Title, Description, Drawings if any and Claims.
DESIGNS
1) Designs can be filed in Italy and Spain.
2) Design can be validated for 5,10,15,20,25 Years.
3) Renewal is due each 5/10 years.
4) National search is not provided. Local search can be provided on limited data (Eg.By Name, definition etc.
5) International Design (BG) Bulgaria, (BJ) Benin, (BX) Benelux, (CH) Switzerland, (CI) Cote d'Ivoire, (DE) Germany, (FR) France, (GR) Grece, (HU) Hungary, (IT) Italy, (KP) Democratic People's Republic of Korea, (LI) Liechtenstein, (MA) Marocco, (MC) Monaco, (MD) Republic of Moldova, (MK) The former Yugoslav Republic of Macedonia, (MN) Mongolia, (RO) Romania, (SI) Slovenia, (SN) Senegal, (SR) Suriname, (YU) Yugoslavia
6) Community Design, it covers all European Community Countries for 25 Years
Requirements:
1) Drawings or Photos (in Italy can be from cm. 21x30 Size to cm.8x8 Size; for International or Spain Should be cm.8x8 Size)
2) Title & use
3) Description of Figures
4) Power of attorney (one for each country).
1) TM can be filed in Italy and Spain.
2) It can be validated for 10 Years.
3) Renewal is due each 10 years.
4) National search is provided in Spain, not in Italy. Personal search can be provided by Us.
5) Prior Use is an obstacle to Registration
6) Non USE cause the TM to lapse
7) Prior Search is strongly suggested
8) International TM can be applied convering all convention Countries
9) Community TM covers all European Community Countries with a single Application
Requirements:
1) Wording, Drawings or Photos
2) Description
3) List of goods and/or services
4) Power of attorney (one for each country)
5) International TM classification
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