Case Studies Archive - Page 6 of 7

I would like to know if and how can a movie prize be protected?

The protection of a movie prize and above all its related prize-giving show, is entrusted to two different instruments. First of all, regarding the denomination of the prize-giving show, i.e. “The Cannes cinema festival”, “The Stand prize”, “Viareggio Carnival”, or other similar, the protection comes from the part dedicated to the trademarks of the Industrial […]

Could a notorious trademark of someone else be used as a decorative feature of a t-shirt?

A trademark owner can prevent others using the same or similar for the same class of products or alike, but, normally, the use of that name is allowed for any other very different products. In our case, though, it is a different kind of problem, as we want to use a well renowned mark. The […]

I have to file a patent in Spain as I am negotiating with a local firm, but I have been told I cannot do it, as I must file it in Italy. It seems absurd and I would like to know how I could resolve this problem.

It is true that the Italian regulation on patents forces the Italian residents to file the patent applications for the inventions in our country, and to wait a period of no less than three months before it can be extended abroad. This is a rule to protect the interests, mainly military ones, of the State […]

I have invented a new system that enables to precisely detect the out of play. How can I realize it? Can the patent be granted all in my name or do i have to half it with whoever makes it?

First of all it is necessary to understand the actual invented system and, above all, if it is only an idea or if it is clear how it should be made. In this second instance, it is already possible to file a patent application related to the system in its entirety, describing in detail its […]

A friend and I have started producing on our own an object, which before, in order to sell it, we used to buy by a competitor company; at a certain point this company became unapproachable about the supply, and has also increased the prices a lot, but they wrote to us stating that they had a patent. At a first check it really looked that way, but it seems to us that there are other prior equal patents. What can we do to revoke it and continue producing it?

If, in fact, there are patents prior to a competitor preceding his invention, then there really is a possibility of asking to have it annulled as one of the essential requisites (the novelty) necessary for the granting, is missing. It is not surprising that in Italy the patent has been granted, as in our country […]

I manufacture a machine for pasta-making factories and, unexpectedly, within a few days, I received first, an action against me for forgery with an invitation to attend a civil hearing, and after one week I received a brochure showing the patent that I would have infringed. Is all of this normal? Shouldn’t i have first been informed of the existence of this patent?

Usually the holder of a patent does not have to inform others of the existence of it and can start a lawsuit for infringement without notifying anybody. This happens because patents are public documents that, in theory, everyone can see; therefore whoever copies a patented item commits an illegal action, whether he was aware or […]

I have produced a particular type of a very beautiful money purse that, after I introduced it at an exhibition in this sector, has roused the interest of many people. I would like to have it patented but I have been told that I can’t as it is now too late, is it true?

It is really a good rule to deposit patents of your own innovative objects before presenting them to the public, but unfortunately not everybody does this, often preferring to first evaluate if the market has an interest for it, and only deciding to patent it if this is positive, but by then is not always […]

In 1995 I filed an application for a european patent, through a friend of mine who is an accountant, but since then I have done nothing else and I have not heard anything more. How can I be sure that the patent has been granted?

It is very strange that the European Patent Office has sent no information after an application for a European patent in 1995. Once filed the application, this must be followed in its track, often the office sends notifications and above all, the annual fees maintaining the validity must be paid. Particularly, you must have received […]

I purchase with the exclusive right, patented products from a company. Now I notice that the patent has actually been granted a long time after I started buying the goods, and a friend told me that, if this is the case, I could also produce it myself, without using the company and without being harassed. Is it true?

An invention to be properly patented must be new and therefore must never have been produced, commercialized or even just presented to the public before the patent application has been filed. On the contrary, the patent loses its validity and anyone could produce it. Your friend was probably referring to this particular instance, but before […]

I have assembled a racing bike weighing “x”, by using commonly sold components even if most of them come from abroad. Can I get the copyright or other forms of protection just on the weight?

The weight of the goods is a feature that cannot be considered for an industrial right, whether it is a patent or any other kind. Admitting this sort of protection would mean precluding anybody else manufacturing the same object with the identical weight, but using different components and therefore, this would constitute a regime of […]