Come registrare un brevetto

The granting phases of a patent vary according to the competent patent office even if, in general, they tend to follow a common scheme.

Verification of admissibility of the application and preliminary examination: the applications are examined by the Patent office according to the chronological protocol order, to make sure they contain all of the administrative validity requirements needed (meaning that all relative documentation be attached and the filing fees have been regularly paid). The examiner also verifies the essential validity requirements of the patent. The possible integration of the missing documents can take place:

  • upon request from the Italian Patent and Trademark Office within two months from the date of notice of the need to provide the integration
  • spontaneously by the applicant before receiving the notice from the Office.

Research: with effect from 1 July 2008, each patent application for an invention not requiring priority shall be subject to a clearance search carried out by the European Patent Office on the basis of an agreement signed by the latter with the IPTO. In consideration of the fact that the relative costs are borne by the National Office, no research fee is due to the IPTO.
The research results are immediately communicated to the owner of the application who, should the research show significant deficiencies in the application, may decide to forward a response to the IPTO, containing comments or amendments to the description and/or to the claims.

Substantive examination: the purpose of the substantive examination is to verify that the patent application meets all of the patentability requirements. However, the IPTO does not verify the effective operation of the invention or of the utility model. At the end of the preliminary investigation, the Office grants or refuses the patent, notifying the applicant (or its legal representative). An appeal is admitted against the refusal within the deadline of 60 days from receipt of communication.

Publication: the patent application is made accessible 18 months after the first filing of the same. The patent owner can, however, request its advance publication (however, not before 90 days from filing).

Grant: if the examination procedure is successful, the IPTO issues the relative grant certificate.

Pursuant to art. 53 of the IPC, the exclusive rights referred to in the Code are conferred with the grant of the patent. However, the effects of the patent apply from the date on which the application with the description and any designs is made available to the public.
Upon expiry of the 18 months from the date of filing the application or from priority, or after 90 days from the date of filing the application if the applicant has declared a wish to make it immediately accessible to the public, the Office makes the application and attachments available to the public.
Should the applicant want the patent application to be effective in respect of a previously determined third party, he notifies the said party of the patent application and, in this case, the effects of the application in respect of the notified party shall take effect from the date of notification.


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