When creating an original and innovative object, before even thinking about marketing it. It is good to try to protect it from possible “false copies.” To do this. It is necessary to contact the Patent Office, which will decide if the object is suitable for receiving the patent. After submitting the registration request and appropriate analysis. In this article, we will give you a complete guide about how to patent an idea?
How the patent works
The patent is the title that allows those who made the invention to market. It exclusively, preventing others from making the same product.
Not everything can be patented: in fact, for example, inventions can be patented in any industrial technical sector (such as machinery, everyday objects, and food). On the other hand, discoveries, theories, methods, and information presentations cannot be patented. But inventions that develop from findings, ideas, and techniques can be patented.
The patent can be for an invention or utility model. To solve a technical problem that had never been solved before with a unique and innovative solution. In the utility model case, we speak instead of those innovations that improve already existing objects.
It can then have a different territorial value depending. There is an Italian patent at a European and international level. The patents for invention has 20 years (from the date of registration). At the same time, that for a utility model lasts 10 years.
To be valid, the patent must be:
- new: it must never have been made by anyone else and patented anywhere in the world;
- original: it must not be trivial and must represent a step forward compared to the previous technology;
- lawful: must respect morality and not upset public order;
- industrialize: it must be able to be reproduced on an industrial level.
What the patent guarantees
If those who make an innovative object operate without a patent, they should compete in a free market. The possibility that others will copy the product by entering into direct competition.
With the patent, the inventor has exclusivity on the realization and sale of the product. So the patent prevents others from producing, selling, importing, or helping third parties to copy the patented product.
The patent offers the owner the rights of patrimonial exploitation of the invention, which is instead non-transferable.
Documents required to apply for a patent
To apply for the patent, it is necessary to deliver rich technical documentation on the paper. Form to the Chamber of Commerce, Industry, Crafts, and Agriculture, or electronically to the Italian Patent and Trademark Office.
It is not necessary to present a prototype of the invention. The documentation must accurately describe the product innovation through texts and drawings; it is essential to specify what makes the product truly innovative and the field of application. So telling the patent application technique to understand the product’s creative capacity better. It is then necessary to specify the characteristics of the invention.
How much does the patent cost?
The patent provides a different filing fee based on the method chosen and the number. Of pages of the documentation produced. The Italian Patent and Trademark Office will have to provide for the translation.
The patent also provides for renewal fees, the non-payment of which entails the immediate forfeiture. Of the patent’s validity before starting to work on the documentation. To deposit your object that will change the world. Contact the Patent Office for all costs and detailed information.
Can an idea be patented?
The general principle of law is that ideas are freely appropriable. This approach is that there would be no development of knowledge and creativity. So without asking for the author’s consent.
The protected form is the “external” one, such as the text of work or creating a painting. Still, in some cases, the “internal” structure can also be protected. Understood as the structured organization of specific ideas. So the book’s plot and the relationship between multiple subjects in an image.
Think of the formats of television broadcasts if we do not limit ourselves to the idea of transmission. That has as its object a specific topic but schematize. In this case, the whole evolution of an episode in detail with the various phases and the concatenation of events. It is possible to obtain protection because there is a concrete structure to take into account.
To be protected, the work must also be creative.
The concept of creativity is not understood in absolute terms. But refers to objectivity’s personal and individual expression.
Therefore, a work that results from a “creative act,” albeit minimal, susceptible. To manifestation in the external world can be protected in a personal and autonomous from the author. I advise you not to proceed in an amateur way. With the deposit since the SIAE (the body responsible for certifying the work’s authorship). It does not have the task of verifying its content or carrying out further checks.
For this reason, it is always better to contact an expert to be able to proceed with a deposit that really secures your work and protects your rights.
How to protect an idea?
The patent is the primary tool and the only one that offers. A guarantee of protection for the idea that it contains. Neither the filing of deeds with Notaries nor other expedients. That does not allow the investor to ask. For any compensation for his creative activity is not valid to replace it.
However, when a particular technology is developed. One cannot or does not want to patent it. It is possible to be able to commercialize it using the so-called “know-how contracts.” All of the technical knowledge makes it possible. To achieve a particular result or produce a specific object.
These contracts are possible under two conditions: first. One undertakes to disclose the information in our possession upon payment of a certain sum of money and committing. As we can clearly see, these agreements cannot find a place. For those simple products that are intuitive to make, and any particular and secret technology is missing.
Another limit of considerable importance is that you can assert your rights towards anyone while with the patent. Who copies the invention? If you sign a contract, you can make claims only towards the other contractor. But not indiscriminately towards everyone. So if others started to produce an object with our same technology by chance, no claim could be made.
Therefore, before rushing to choose one or the other direction. It is advisable to reflect on the different aspects of the situation and establish—the best solution for the specific case.
Can you “patent a trademark”?
Simultaneously, the trademark generally protects product names or their logo to identify. Who is the manufacturer of a particular product or service?
Registering a trademark and filing a patent are two very different forms of protection:
- the patent protects a new product or a process. Therefore a unique solution to solve a technical problem
- the brand instead covers the name, the graphic style, the color. That is, the elements that make a product, service, or company recognizable
From making the patented product. The product is freely salable in the second as long as you. Do not use the signs (names, figures, colors, numbers, etc …) protected by similar trademark registration.
Alfa SRL invents a new type of food container and decides to protect its characteristics and operation with a patent. Before launching it on the market, it also found a name, FooP, and registered it as a brand.
In this way, with the patent, he protects his invention from a technical point of view. And with the trademark, he covers the brand. Therefore the name that identifies him on the market.
What is a patent, and what does it protect?
The patent protects the practical realization of an idea—the set of steps and characteristics necessary to achieve a particular result. But a certain way of putting it into practice.
For example, the idea of creating an object that protects us from the rain is not patentable. This applies to all protection forms, guaranteeing protection for the concrete and specific realization of a particular technical or aesthetic solution (with design).
What can be patented?
There are many patents – we are literally surrounded. By protected objects because of inventions belonging. To any technology, the sector can be patented.
For example, our smartphone contains many of them: from the keyboard to the display, from the voice recorder to the camera.
What cannot be patented instead?
The Intellectual Property Code provides that the patent cannot protect, as such:
- discoveries, scientific theories, mathematical methods
- plans, principles, and strategies for intellectual activities, for play or commercial activity
- computer programs
- information presentations
However, inventions made through these innovations can be patented. This is the reason why so much software is patented (even if by definition “not patentable as such”).
The methods used for surgical treatments and therapies. But microbiological procedures and medical devices can.
Is your invention one of those that can be protected by a patent?
To obtain it, it must also comply with specific legal requirements.
Let’s see what they are.
The requirements to be met to obtain a patent
As in the case of trademark registration, the law also establishes some validity requirements to register a patent:
- the solution you have found must be new: it means that up to that moment. There was not an identical one in any state in the world. So not only has no one patented it before you.
- It must also be inventive, and therefore, it must constitute progress compared to the current state of the art. A leap forward,
- it must be lawful. Consequently it cannot be contrary to public order and morality
Novelty requirement, prior art search, and secrecy
In our articles, we have often dealt with searching for anteriority in the registration of trademarks; therefore, if you have followed us for a while. You know well that the Italian and European trademark offices do not carry out this type of search. It can therefore happen that your trademark has all the requirements for registration. But is similar or identical to one already registered. In the field of patents, however, things change completely.
The patent office carries out a comprehensive prior art search(at the moment. So, if you have an idea but someone on the other side of the world has. Already patented the same product or system. You will not be able to get the patent as you applied for it. However, it could be that, with the support of your patent attorney. It is possible to find a way to obtain the same patent exclusivity, perhaps by reformulating.
The patent text is .critical
The patent text is the description of the idea and is edited by a patent attorney (an engineer). Who draws up the patent application. The central part of the text consists of patent claims, which indicates precisely. It will represent what I will obtain as a monopoly.
For this reason, our studio only works with patent consultants. With extensive specific experience in the field of invention and expertise in the drafting of patent texts.
The inventor himself will have to make a considerable effort. To find his invention in the text prepared by the patent attorney. Before accepting work on a patent, our firm always informs its clients. That it will initially be difficult for them to understand the patent text and “accept it.”