What does the filing of Italian, European and international patents entail?

The filing of a patent is the only recognized method for obtaining the exclusive right to produce and market products or methods practicing an invention. The first step is the preparation and submission of a patent application, which is examined and, if determined to satisfy the requirements for patenting, granted by the relevant patent office: the Italian Patent and Trademark Office (UIBM) for the filing of Italian patents, the European Patent Office (EPO) for the filing of European patents and the International Bureau of the Organization of Industrial Property (WIPO) for the filing of international patents.

Advantages

Filing a patent (Italian, European or international) confers protection and the right to exclusive use of the invention in the countries of reference: a patent right is a territorial right, and thus its effects are limited to the country or set of countries with regards to which it was granted. Put another way, filing a patent ensures that the owner can assert its rights against competitors that act in the same market without its consent.

Risks

Not filing and registering a patent in one or more pertinent countries can result in an idea being replicated, used, imported or sold by anyone in a territory where no filing has been made. This is a real hazard that can lead to the loss of rights and, therefore, the loss of a real corporate asset.

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