Come registrare un brevetto

The patent applications are similarly structured worldwide and consist of an application, a title and summary, a description, one or more claims, designs (if necessary). A patent application may vary from a few to a few hundred pages, depending on the specific nature of the invention and the technical sector of pertinence.


The application
The application contains information on the invention title, the filing date, the priority date (if a national or foreign priority is claimed) and master data, such as the inventor's name and the name and address of the applicant.
Each patent application must relate to only one invention or utility model. This limitation refers to the so-called criteria of invention unit, lacking which the applicant may limit the claims and eventually file one or more patent applications (divisional application). If the application includes several inventions, the IPTO may also intervene, inviting the person concerned to limit such application to one invention only, with the right to submit, for the remaining inventions, the equivalent applications, which will have effect from the date of the primitive application.
The person requesting a patent for an industrial invention is allowed to submit a patent application for the utility model simultaneously. It is up to the Office to assess whether the application is licensable as invention or as utility model once all requirements have been assessed. It is also possible to convert the patent application from invention to utility model or vice-versa.

Title and summary
The title provides indications on the invention or on the model and it expresses in brief, but precisely, the characters and purpose. The title may be modified by the Office if too long or if it contains fantasy names.
The summary briefly describes the invention or the model and only has technical information purposes.

Description
The description must highlight the purpose of the invention or the model or the technical problem that the invention or model is intended to resolve.
An invention is deemed sufficiently described when, through examination of the text of the application and of the attachments, an experienced sector technician is able to reproduce the product or procedure which is the subject of the invention, without the need for further inventive effort. In the case the description of the invention does not show such characteristics, the patent cannot be granted.
In detail, according to art. 21 of the Implementing Rules of the IPC, the description must:

  • specify the technical field to which the invention refers
  • indicate the state of the existing technique of which the inventor is aware, useful for understanding the invention and executing the research, eventually providing references to specific documents
  • disclose the invention so that the technical problem and the proposed solution can be understood
  • briefly describe any designs
  • describe in detail at least one way of implementing the invention, providing appropriate examples and referring to designs, where these are present
  • explicitly indicate, if it is not already obvious by the description or by the nature of the invention, how the invention can be used within the industrial environment.


Claims
The claims determine the field of application requested. Art. 52 of the IPC expressly provides that "the claims indicate what is meant to form the subject of the patent. The limits of the protection are determined by the claims": this is why great care must be taken in their preparation. The interpretation of the patent and the evaluation of its strength is based on it. Art. 21 of the Implementation Regulation of the IPC specifies that the claims must be clear, concise and be fully supported by the description, as well as being drawn-up in a separate document, according to the following formalities:

  • they must be indicated with consecutive Arabic numbers
  • the claimed technical feature must be explicitly described (reference to figures is only admitted for the purpose of clarity)
  • the technical features mentioned in the claims, when referring to designs, may be followed by the number corresponding to the parts illustrated by the same, notwithstanding that such a reference does not constitute a limitation of the claim.

 


Designs
Through the designs it is possible to see the technical details of the invention and illustrate some of its features indicated in the description. The filing of the designs is optional. However, if they are submitted, they must be prepared in accordance with the specific formal rules.

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