What are the rights deriving from a patent application that has not yet been granted?

RIGHTS DERIVING FROM A PENDING PATENT APPLICATION

The granting of an Italian national patent occurs approximately 2 and a half years after the filing date of the application.

However, the resulting exclusive rights can be enforced even if the application is pending.

In particular, the owner of a patent application can prevent third parties from exploiting the solution and to this aim initiate legal action or seek precautionary measures:

• following its publication, which occurs after 18 months from the filing date or priority date.
• prior to publication if third parties have been informed.