A friend and I achieved a patent and now we are about to form a company for its exploitation. Is it better to keep the patent in our name or should we transfer it to the firm? And in this second case what should we do?

The choice of the transferral or not of the patent depends mainly on the financial and commercial evaluation rather than the juridical one, but, usually, who forms a company to exploit a patent, must at least be able to use it in some way, otherwise there is no point. To allow the company to be […]

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I have filed a patent application but I have not yet had any reply from the Italian Patents Office, and I don’t know whether it has been accepted or not. Do I have to wait for the granting of the patent, before producing my object?

The granting of the patent is not essential for the production of the object. There are many items being produced without having requested any patent, as this is not a certificate enabling the production, but a document for the prevention against others manufacturing the same invention. As a matter of fact, the same granting of […]

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If I make a prototype of my invention after having filed the application for patent but without having it granted yet, are there some risks? Could others gain advantages by seeing what it looks like?

After having deposited the patent application, and even before it gets granted, the patent holder is protected from the legal point of view to all effects. It is true that the application remains secret for a minimal period of 90 days and maximum of 18 months, but this does not mean that the requestor has […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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