chi può ottenere un brevetto

In general, it is preferable to resort to patent protection as soon as all the information necessary to draft the relative application is available. However, thanks to a series of factors, it is possible for the applicant to identify the best time to file a patent application.
In Italy, like in many countries, patents are granted according to the principle of priority, the so-called "first to file", which ensures that it is the rightful owner who is the first to proceed with filing the application. Therefore, the timing of the filing is determining for the recognition of ownership, contrary to what happens in the United States, where the principle of "first to invent" applies, according to which in the event of requests of similar patents filed, the patent will be granted to the first person that conceived and realised the invention, regardless of who filed the patent application first.
However, premature filing can sometimes be counter-productive. In fact:

  • if filing the patent application too soon, considering that the application remains secret for 18 months, the applicant may reflect on the opportunity to follow-up the examination procedure, but cannot make significant changes to the originally filed description
  • Italy is a member of the Paris Convention and, therefore, once the application is filed, a further 12 months are provided to file the application relating to the same invention in all those countries that can, for various reasons, be interested in the field of application to which the invention refers, in this way enjoying, towards the same countries, the benefits deriving from the date of filing the first application.

Unlike some countries, such as the United States, in Italy it is not possible to request a provisional patent.


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