A patent It is an exclusive right that protects their invention, guaranteeing those who invented it the right to exploit it economically for about 20 years. After this time, the invention becomes in the public domain and anyone can use it without paying anything to the inventor. As we tell in the video, to obtain a patent you have to have certain requirements, and once the patent has been obtained it has a certain duration. We discover how it is recorded and above all what it takes to transform an idea into an exclusive right.
What features the work must have to be recorded
To obtain a patent, the invention – which can be a product, an industrial process or a new chemical composition – must be newtherefore never recorded and disclosed before, must be innovative (represent progress compared to the current state), and must be applicable in the industrial fieldtherefore useful and achievable.
According to Italian law, depending on the invention there are two different types of patent: the Patent for industrial inventionwith which devices, tools, artifacts and procedures (which therefore represent a technical solution to a problem), and then the Patent for utility modelwhich protects functional improvements to existing objects (often simpler than an invention).
Abroad there are also patents to protect the aesthetic aspect of products (shapes, lines, colors, etc.), such as the special design of a chair, the original form of an object, and so on.
Where to find existing patents and how to apply
To find out if it already exists or not, you must consult the register of online patents, on the Italian Patent Office website if you request in Italy, or on the website of the European Patent Office if the extension of the protection in all Europe is required. If, on the other hand, the patent is requested globally, you can see the inventions already patented on the Wipo website.
If you want submit your application To one of these three offices, it is necessary to draw up a document in which the idea is described in detail also with the help of patterns and drawings. If you meet the requirements, the patent is granted after about 18 months, and published in their respective paper registers and online.
It must be kept in mind that if you want to extend the patent also at European level, the document and the patent demand must be written entirely in English, French or Germanwhile for the request for international protection (to be sent to Treaty of cooperation on patents) instead of the German there is Spanish.
Can anyone in other countries copy our patented idea?
If you ask for the patent only in Italy, someone in another country could copy our idea? Well yes, it could use our invention without breaking the protection of our patent. To avoid this epilogue, the patent must also be extended to European or international level, and pay one fee decidedly higher annual. Because the patent, as we also say in the video, yes … you pay! The maintenance fees depend on the type of patent: the national one costs on average between 50-100 euros, while the European one ranges from 120 to 200, and the global one from 1500 to 2000. For the reduced cost many ask for the patent only in your country, so you can test the invention and see if it is successful “in the small” without spending a fortune. If it works, in the future you can also extend protection at European level or even all over the world.
Where to find the funds for a patented idea
To carry out an idea, however, often you need some fundingand not everyone has the money necessary. Precisely to economically support the research and innovation of startups, universities and businesses, theEuropean Union offers several programs And funds which can be accessed through public calls, such as Horizon Europe for research and innovation or Life for environmental projects. There are also national tools, such as the Mimit, and regional patents call for patents, such as the European Fund for regional development. All these funds, therefore, help university, startups and European companies to obtain resources for projects and patents in all regions, reducing inequalities and guaranteeing equal opportunities.
Where are you stored more patents?
As can be seen in the video, the latest report of Wipo (the world organization of intellectual property) indicates that China in 2024 is the country that recorded the most patents, well 1.64 million. The United States follow with about 518.364 patents, and Japan with 414.413.
In the European Union, however, only in 2023 were well examined 199,275 Patent questions. And among the first five countries from which the requests arrive there are 4 out of the European territory: most of them come from USAwith the 24.2% deposits, then there is the Germany with the 12.5%The Japan with the 10.8%the China with the 10.4% and the South Korea with the 6.3%.
