Do you have any questions or curiosities about our services? Want to learn more? Find the answer in the frequently asked questions!
In Italy and Eu, anyone is free to file a patent, trademark or design application with the appropriate office without the need to be represented by a consultant. Nevertheless, the assistance of an experienced professional in the field ensures greater experience and an advantage also of strategic nature in planning the protection of one’s property rights.
Yes! It is possible to transfer the ownership of patents, trademarks and designs following the sale or merger/demerger of a company, and it is absolutely advisable to transcribe any change regarding industrial property titles in the appropriate registers as soon as possible. As far as the regularization in Italy, although it is sometimes strongly recommended, it is not compulsory to go to a Notary to formalise and regularize the transfer of an IP right. Our professionals and experts are available to assist you in the preliminary procedures for the transfer of your Industrial Property rights.
Industrial property rights are assets of the company that should be included in the balance sheet in the same way as all other company assets. However, since the IP assets value indicated in the balance sheet is very often different from the market value, it is possible to ask the industrial property consultant to draw up expertises aimed at obtaining an objective and realistic economic evaluation. Depending on the type of expertise, it can be used for a variety of needs: access to credit, revaluation of intangible assets, royalty calculations, etc.
No, there is no single patent that can protect your invention worldwide. However, it is possible to file and obtain the respective patents in virtually every country in the world. The network of foreign correspondents developed in over 50 years of activity means we are able to operate worldwide in order to offer our customers maximum protection of their patents also abroad.
The issue is not so much the cost, but whether it is actually worthwhile to proceed with patent protection worldwide. Relying on a patent consultant also allows you to receive support in your invention protection strategy and often preserve yourself from unnecessary costs.
Public patent databases are available on the Internet and are accessible to everyone, through which it is possible to search patents, or patent applications, published in many countries worldwide. A patent consultant can also search private and fee-based databases, providing much more accurate and reliable information.
An invention can be patented if it is new and original compared to the prior art. Prior art means not only the information disclosed in patent documents prior to filing of a new patent application, but also that known in the field of application of the invention. The support of an experienced patent consultant is fundamental in developing the most appropriate prior art search strategy for your specific case.
A patent, if well-written and analyzed, generally provides broader protection than the specific form of embodiment developed by the inventor and also includes the many variants that fall under the general idea of the invention. The consultancy of an expert in the field makes it possible to identify the essential aspects of the solution presented and the IP consultant will know how to draft a patent text that best protects your invention.
Yes, in order to file and obtain a patent, it is not necessary for a physical specimen of the item to exist. In general, an outline design is sufficient and must include all the characteristics and information necessary to understand the invention clearly and comprehensively.
Patent protection is very broad and provides access to multiple legal tools. It is important to discuss with your trusted professional the most appropriate and effective solutions for the defense of your exclusive rights.
The Unitary Patent is currently being studied and implemented, which will allow a European Patent to be validated with a single centralised procedure (and a single fee!) in all European Union countries that will have ratified the agreement by that date. The Unitary Patent will not replace, but rather complement, existing national and European patent procedure and effects.
The subject matter of a patent, whether a product or a process, must be new and original. New also means that it cannot be disclosed before the patent application is filed, not even by the inventor or by the subject that is the owner of the rights on the invention. Therefore, it is preferable to consult an industrial property consultant before any disclosure of your invention to a third party.
If the filing of the patent in Italy was done in the last 12 months, it is possible to extend the protection abroad, enjoying the priority rights of the Italian patent. That is, the foreign filing will be valid from the date of filing of the patent in Italy. With the support of an industrial property consulting firm, you will receive all the notices providing information about deadlines and opportunities related to the patent in good time.
The trademark watch service is usefull to constantly monitor new filings made in the trademark registers of interest, so as to be promptly informed of situations worthy of attention and consequently evaluate the opportunity to administratively challenge the new application which may be confused with your trademark.
Although it is not mandatory, before filing a trademark, it is always advisable to search the trademark registers to make sure that there are prior rights similar to the one you want to register. ConLor developed a scalar system whereby the costs and time required for verification outcomes only increase as the probability of a positive outcome increases.
As soon as all data is provided to us and the list of products and services of your interest are confirmed, the trademark application is usually filed in 1-2 business days. In the absence of objections from the competent Office, or oppositions from third parties, the time required to register an Italian trademark application varies from 4 to 8 months, depending on whether the filing was made in the fast-track mode.
No additional fees are due for the adoption of the fast-track procedure and, at this time, our firm does not charge any increased fees for the adoption of this procedure.
Effective 1 January 2021, new trademark applications filed in the European Union will no longer include the United Kingdom. If this country is of interest, a national filing, or an International Trademark designation, must be made, possibly claiming priority for filing in the European Union.
Both Italian and European legislation offer the possibility to oppose to the registration of a new trademark application, but the time frame within file the opposition is limited to 3 months after its publication. After this period, but also alternatively or simultaneously, it is possible to take legal action against the applicant of the new application. Indeed, it is not always worthwhile, or preferable, to take administrative action (through opposition), because this solution implies certain limitations that could invalidate the result, even if successful. It is therefore advisable to always consult with an expert trademark attorney who will be able to provide you with all the advices you need to consider the most suitable strategy for defending your interests.
Even though you may be used to always talking to the same person, all cases are followed by teams of 2-4 people. If the professional, or person you spoke to previously, is not available when needed, simply provide your case details and you will be put in touch with another member of the team who can assist you in the best possible way.
No, there is no such thing as a “worldwide” trademark. On the other hand, it is possible to file a trademark in the European Union (which covers all 27 EU member countries) or to file it in various foreign countries through the International Trademark System that is part of the Madrid Agreement and Protocol. For countries not joining the Madrid System, it will be possible to proceed with foreign national filings. For any further information, our professionals are at your complete disposal.
The shape of an object can be protected by a patent where it performs a technical function. Otherwise, the outward appearance of an object can be protected through a Design. Sometimes the two protections can also co-exist. As with other industrial property rights, it is possible to obtain protection in many countries.
An Italian or European Design application undergoes a purely formal examination. For this reason, registration is granted, especially at the European level, after only a few days. In fact, there is no opposition period or prior publication of the design, which can be challenged by third parties only after it has been registered.
Depending on the appearance of the object, or decoration, to be protected, it is advisable to provide images that allow the immediate and clear identification of the characteristics to be protected. Identifying the correct Locarno class to be claimed at the time of filing will also be very important.
Certainly. Ornaments, meaning not only elements physically affixed to an object, but also a set of lines and colours designed to decorate the surface of an object that can also be a garment, a bag or any other object, can be protected in a manner unrelated to the object itself
For further information, both of a general nature, as well as related to specific areas of expertise, please fill in all the fields of the form below. You will be contacted by telephone within 1 business day.