- European
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Invention Patent
The protected object is the high-level new technological solutions proposed for products, methods, or improvements using natural rules, including computer software. The protection period is 20 years. The patent term for drugs, drug preparation methods, products necessary for drug production, or the preparation methods of such products can be extended for up to 5 years.
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utility model
The protected object is the new technology solution proposed for the shape, structure, or combination of the product that is suitable for practical use, and the protection period is 15 years.
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exterior design
The protected objects are new designs made based on the shape, pattern or their combination, as well as the combination of color and shape, pattern of the product. The protection period is 5 years and can be renewed four times, each time for 5 years, with a maximum of 25 years.
1. Invention Patent
① Please provide a complete set of patent documents in both Chinese and English/Italian, including the specification, claims, drawings, abstract of the specification, and existing technical information (such as patent documents and scientific literature closely related to the invention known to the applicant) in electronic format, especially the text part;
② The name of the invention;
③ The applicant's Chinese English/Italian name and address (if the applicant is a company, please provide the company's place of establishment);
④ Inventor's Chinese and English names. If the inventor is not the applicant, please confirm the relationship between the applicant and the inventor (such as employer/employee, etc.);
⑤ Priority application location, application number, and application date (if priority is claimed), priority proof documents and their English/Italian translations;
⑥ Appointment letter.
2. Utility model
① Application form, which should specify the names and addresses of the inventor and applicant (if the applicant is a legal entity, the name of the legal representative should also be included), submission date, invention name, and priority date (if priority is claimed);
② The specification includes: the name of the invention, accompanying drawings, a detailed description of the invention, and the claims;
③ If necessary, there should be accompanying drawings;
④ Summary;
⑤ If priority is claimed, priority documents should be submitted, including a certified copy of the prior application and its French translation;
⑥ If an agent is appointed, a power of attorney should be submitted.
3. Appearance design
① Application form, which should specify the names and addresses of the designer and applicant in both Chinese and English (if the applicant is a legal entity, the name of the legal representative should also be included), submission date, invention name, and priority date (if priority is claimed);
② Products with exterior design
③ Picture or Photo (Six View Stereoscopic)
④ If priority is claimed, priority documents should be submitted, including a certified copy of the prior application and its French translation;
⑤ If an agent is appointed, a power of attorney should be submitted.
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Invention Patent
There are two ways for China to apply for invention patents in Italy, totaling four methods:
① PCT pathway
PCT application in the country;
PCT designates EPO (European Patent Office) application to designate the country.
② The Paris Convention pathway
The country's application;
EPO (European Patent Office) applies to designate the country. -
utility model
The application channel for utility model patents from Italy in our country is the Paris Convention.
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exterior design
There are two ways for China to apply for design in Italy:
① Paris Convention pathway: Application from the country.
② OHIM pathway: European Community Appearance (RCD)
The application process for invention patents in Italy is basically the same as that in China, with the following steps: patent application, formal examination, early publication, substantive examination, and patent authorization.
The difference is that it will be made public 18 months after the application date (priority date); The substantive examination of patents generally does not include novelty examination; There is no objection procedure in the patent registration process in Italy, and the only legal way to revoke or cancel a patent is to file an invalidity lawsuit against the patent; The examination committee has the right to request that the invention patent be changed to a utility model patent.
The entire process from application to authorization to obtain the certificate takes about 1-2 years.
The application process for utility models in Italy differs from that in China, with the following steps: patent application, formal examination, early publication, and patent authorization.
The difference is that it takes about 4 years from application to authorization, but from the date of application (even if not yet authorized), it will be protected by patent law or used to fight against third parties; The requirements for novelty and creativity will only undergo a preliminary "surface" examination, rather than examination through searching relevant technologies. Therefore, as long as the formal conditions are met, authorization can basically be obtained.
The application system for Italian design is basically similar to that of China, only requiring a formal examination of the application documents and verification of the protected object to see if it belongs to the protected object of Italian design. Applications that meet the requirements after correction will be granted Italian design patents.
The Italian patent trademark UIBM belongs to the Ministry of Economic Development. Regarding the meaning of a patent, UIBM emphasizes that a patent does not grant the rights holder the freedom or right to apply the technology it covers, but rather simply rejects others from applying the same technology.
According to the agreement signed between EPO and UIBM, all first invention patent applications in Italy can obtain search reports and patent reports provided by EPO.
The patent applicant may file a public application within 90 days from the date of application, otherwise, the patent applicant will publish it 18 months after the priority date/application date.
