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Patent consulting

  • Feasibility study, drafting and filing of patent applications in Italy and abroad
  • Preparation and filing of replies to search reports
  • Prior art searches in Italy and abroad
  • Drafting of licensing and/or right transfer agreements, technology transfer agreements, joint development agreements, confidentiality agreements, assignments
  • Appraisals regarding infringement of patents for invention

  • Legal and out-of-court actions to defend patents for invention in Italy and abroad
  • Opposition actions
  • Watching in specific scientific and technical fields on published patents or specific applicants
  • Analysis on the scope of protection of patents
  • Drafting of patent family for patent validity status
  • Translation of patents for invention from and into foreign languages
  • Extension of patents worldwide.

Please do not hesitate to contact us for any questions, requests, information or to receive a personalized quotation.


The patent for invention

It is a legal instrument which represents a form of protection granted to both companies and natural persons for inventions having a high degree of innovation which represent a new, inventive and reproducible solution to a technical problem.

The holders of a patent for invention can prohibit the exploitation of their solutions by third parties by obtaining an exclusive right.

Like all intellectual property titles, the patent for invention is an intangible asset and as such it can be sold, licensed, and recorded in the financial statements of a company.


Learn more about patents

What are the requirements for patentability in Italy?2023-08-23T14:10:05+00:00


  • Novelty: the subject matter of the patent must be absolutely new, that is, it must not have become part of the current state of the art, anywhere in the world, prior to the filing date of the application. Therefore, the novelty requirement requires that the subject matter of the patent be not disclosed prior to the filing date, by, for example, written or oral disclosure or by offering for sale a product which incorporates it, except for disclosures made under obligation of secrecy as in the case of non-disclosure agreements
  • Originality (or inventive step): it exists whenever the invention is not evident from the state of the art to a person skilled in the art. The invention must be non-banal and represent an advance compared to the current state of the art
  • Industrial applicability: an invention has industrial applicability if its subject matter can be manufactured or used. The indication of industrial applicability means a requirement that the subject matter of the patent be feasible and reproducible
  • Lawfulness: a patent cannot be registered if it offends public decency or is contrary to public order.
What is the right of priority in Patents?2023-08-23T12:41:57+00:00


The right of priority gives the owner of the application of a patent for invention the possibility of filing the same patent in one or more countries other than the initial state by claiming the date of the first filing. This procedure makes it possible to fix the state of the art for patentability examination at the date of the first filing, excluding any disclosures that occurred between the date of the first filing and the date of the second filing in another state.

What is excluded from patenting?2023-08-23T14:09:56+00:00


The following are excluded from patenting:

a. Discoveries, scientific theories and mathematical methods.
b. Plans, principles and methods for intellectual activities, for play or for commercial activities, and computer programs such that they do not generate any technical effect beyond the normal interaction between software and PC (special conditions apply to computer programs, Ref. Can software be patented?).
c. Presentations of information.

Therapeutic and diagnostic methods are not patentable either, but this prohibition does not extend to products necessary for the implementation of these methods.

Is it necessary to carry out a search before filing?2023-08-23T14:09:49+00:00


A prior art search is anyway carried out during the filing procedure to register a patent by most national offices.

From July 1st, 2008, also Italian patent applications are subject to a novelty search by the EPO, European Patent Office, which is then sent to the Italian Patent and Trademark Office, UIBM, and forwarded to the applicant within 9 months of filing, together with an opinion on the patentability of the invention.

This makes it advantageous to file an Italian application because at a low cost you get a search whose results may be useful to the applicant to understand whether the patent deserves to be extended abroad or in any case whether it is worth investing in.

Attention: a pre-disclosure of the subject matter of the patent before the application is filed is such as to result in the invalidity of the application.

Can software be patented?2023-08-23T14:09:37+00:00


Can software be patented? In Italy, in line with the main countries participating in the European Patent Convention, computer programs “as such” are excluded from patent protection. However, the legislation was made clearer when the EPO introduced “computer-implemented inventions.”

A computer-implemented invention can be patented and protects the functionality of the software and how it is achieved at a higher level than the code level, more similarly to a method patent.

Consequently, the related programming language/environment or the forms in which the algorithms are written are not protected: it is necessary that the execution of the program generates a technical effect (internal to the computer, for example in the management of hardware resources, or external to the computer, for example by controlling a piece of equipment) beyond the normal interaction between program and computer.

The patent for invention will protect the method and/or logic at the basis of the software, regardless of its specific implementation.

A useful question you may ask yourself in order to immediately understand that a software is not patentable is the lack of a technical problem that the program solves with a new and inventive solution compared to the state of the art.

By way of example, a system engineer who invents a new and inventive method of balancing the workload on a computer network (defining which computer will perform which task) may implement the invention entirely in the software and it can be patented, just as, for example, the traction control system of a vehicle: the assessment is always made on the basis of the fundamental aspects of novelty and inventive step.

How can I protect the source code?

Conversely, it is always possible to resort to Copyright since programs can be identified as intellectual creations, at the source code level.

In this case the source code of the program is registered (and/or the application), but relative interfaces (consisting of graphic, verbal, phonetic elements…) or elements that the program provides in response may also be subject to protection, also by means of design right.

Graphic elements can also be protected by means of trademark and design rights.

The duration of copyright in Italy is 70 years from the death of the author. There are different durations depending on the type of creative work.

Website registration?
Copyright is also further applied to sites published on the Internet, as a website may consist of a particular innovative structure containing text, images, sounds and other that are of course protected by copyright.

It should be noted that the various forms of intellectual property rights (Patent for Invention, Trademark, Design, Copyright) are not mutually exclusive.

What are the differences between Patent for Invention and Utility Model?2023-08-23T14:09:28+00:00


In Italy and in some other countries there is a “lighter” right than the patent for invention, which can give exclusive rights in commercial use as well, namely the utility model. What are the differences between patent for invention and utility model?

The Patent for Invention

It is a form of protection that is granted to both companies and individuals for solutions which have a high degree of innovation and represent a new and original solution to a technical problem. The basic requirements are novelty, industrial applicability and inventive step.

The Industrial Utility Model

The industrial utility model is an invention that provides machines or parts thereof, tools, instruments, or objects of use in general, with particular effectiveness or convenience of application or use.

Through the Utility Model, you protect a solution that is new and involves an inventive step that consists in modifying the configuration, structure or constitution of an object in order to offer a perceptible advantage in its use or manufacture.

What are the main differences between patent for invention and utility model?

In general, utility models are useful for companies that want to register “small” discoveries and improvements to existing devices, innovations for items that require a technical solution having minor inventiveness, indeed:

  • Patents for Invention must have the requirement of international novelty, which is determined through a report by the European Patent Office on the state of the art.
  • Utility Models must involve novelty. Unlike patents for invention, utility models are not subject to a novelty search performed by the EPO. The latter, therefore, does not issue any search report or any opinion on patentability.
  • Protection of Patents for Invention extends up to 20 years, with annual renewals (starting from the 5th year).
  • Utility Model protection extends up to 10 years, with a 5-year renewal (after 5 years).
  • Utility Models, unlike patents for invention, cannot relate to methods, procedures or new uses, since they consist of an invention with physical characteristics
  • While the patent for invention is a proprietary right in existence in virtually all states, the Utility Model is a proprietary right in use in the following states: Albania, Angola, Argentina, ARIPO (African Regional Intellectual Property Organization), Armenia, Aruba, Australia, Austria, Azerbaijan, Belarus, Belize, Brazil, Bolivia, Bulgaria, Chile, China (including Hong Kong and Macau), Colombia, Costa Rica, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Greece, Guatemala, Honduras, Hungary, Indonesia, Ireland, Italy, Japan, Kazakhstan, Kuwait, Kyrgyzstan, Laos, Malaysia, Mexico, OAPI (Organisation Africaine de la Propriété Intellectuelle, African Intellectual Property Organization), Peru, Philippines, Poland, Portugal, South Korea, Moldova, Russia, Slovak Republic, Spain, Taiwan, Tajikistan, Trinidad & Tobago, Turkey, Ukraine, Uruguay and Uzbekistan.
What are the rights deriving from a patent application that has not yet been granted?2023-08-23T14:09:15+00:00


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.
Can ideas be protected?2023-08-23T14:09:07+00:00


No, abstract ideas cannot be protected as patents for invention or industrial utility models. These two forms of protection protect specific embodiments that solve technical problems in a different way than what is known in the state of the art. In order to obtain a patent for invention or industrial utility model, it is necessary to have a sufficiently clear and detailed description of the solution, accompanied by drawings, such as to allow an expert in the field to reproduce the subject matter of protection.

Can I disclose my invention before filing the patent application?2023-08-24T08:58:15+00:00


A pre-disclosure, even if incomplete, can potentially hinder the possibility of granting a patent in relation to the novelty requirement. If it is necessary to illustrate the invention or basic concepts of the invention, a non-disclosure agreement (NDA) should be signed by the recipients.


Why choose us


The strategic decisions related to your case will be assessed with a discussion among several consultants in order to obtain a more complete view of it and be sure to objectively consider risks and opportunities, taking advantage of the experience of each individual consultant.

A well-established long-lasting cooperation with a network of correspondents around the world ensures the highest quality in the filing, protection and maintenance of patents abroad.


During our 60 years of activity we have been responsible for the filing of inventions pertaining to a very broad spectrum of sectors: steel industry, metal and mechanical working, textiles, electronic devices, materials, chemistry, consumer goods.

In addition, we assist numerous clients in a wide variety of cases pertaining to the commercial exploitation of IP titles and are able to suggest the most suitable strategy in the conclusion of agreements for the transfer of rights and exploitation of patents, designs and trademarks, as well as for the drafting of any agreements related to these rights (non-disclosure agreements, non-compete agreements, distribution agreements, assignments, etc.).


Consultants are certified professionals who have precise training in the field of Intellectual Property and are registered with the Italian Institute of Industrial property consultants. Their aim is to enhance the intangible assets of their clients by helping to generate an economic asset and an advantage over competitors.

Patenting procedures have numerous complexities and little possibility, if any, to correct any mistakes made when drafting the patent application.

A patent is a document having legal nature that must possess certain characteristics not only to pass the examination procedure but also to be robust in case of any future litigation.

Our consultants aim to expand the scope of protection of the application to prevent the Patent from being easily circumvented by finding the right compromise between the information that must be provided and the knowledge that should not be disclosed as the inventor’s know-how.

When drafting the patent application, we keep in mind that it may form the basis for subsequent applications in other countries where there are different requirements according to the competent offices.


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