The patent is a title by virtue of which the owner is given a temporary monopoly of exploitation of a finding, for a limited period of time, consisting of the exclusive right to carry it out, use it and make a commercial use of it, prohibiting such activities from other subjects. authorized. A patent does not give the holder an authorization for the free use of the invention covered by the patent, but only the right to exclude other subjects from its use.
|TO FILE A PATENT|
The exclusive right conferred by the patent is effective only within the state that issued it (principle of territoriality). Only technological innovations with industrial application, which present themselves as new, original and concrete solutions to a technical problem, can be patented.
They can be the subject of a patent:
- Industrial inventions
- Utility models
- New plant varieties
As an alternative to patenting, a company that intends to protect its own invention can:
- make it public, through a "defensive" publication, thus ensuring that no one else can patent it
- keep the invention secret, resorting to industrial secrecy, governed by art. 98 of the CPI, on the basis of which corporate information and technical-industrial experiences, including commercial ones, are subject to protection, subject to the legitimate control of the holder.