20 Feb Patent

Innovation finds its full meaning when an idea is transformed into a concrete solution, capable of generating value for society and the economy

The patent plays a fundamental role in the innovation process, not only to protect intellectual property, but also to promote investments and exploitation of innovations, transforming ideas into tools for economic and industrial growth.

What exactly are patents and why are they important?

What a patent is

A patent is an exclusive right that grants the holder control over the commercial use of his invention for a limited period, usually 20 years. There are three main requirements. First of all, it must be a new solution, i.e. never previously disclosed, satisfying the criterion of novelty. Secondly, it must involve an inventive step, i.e. not obvious to an expert in the field, guaranteeing the originality of the idea. Finally, it must be able to be used concretely in at least one industrial setting, demonstrating its practical usefulness.

How a patent works

The process for obtaining a patent varies depending on the national or international context, but the goal, in both cases, remains unchanged: to transform an idea into a strategic asset, capable of generating economic value. In the specific Italian case, the request must be submitted to the Italian Patent and Trademark Office (UIBM), while at the international level, within the European regulatory framework, there are tools that simplify the process and allow protection to be obtained with a single request on a certain number of territories adhering to the convention:

• Patent Cooperation Treaty (PCT): allows you to file a single application to temporarily protect (up to 30 months) an invention in the 158 member countries.

• European Patent: managed by the European Patent Office (EPO), it allows you to obtain protection in several European states with a single examination procedure.

• European Unitary Patent: introduces uniform protection in several Member States of the European Union.

These tools offer flexibility and greater accessibility to global markets, supporting companies and researchers operating in an increasingly international context.

Strategic value of patent protection

A patent is much more than just an exclusive right; it is a strategic tool that protects innovation, preventing others from commercially exploiting the idea without authorization. It also facilitates collaboration, as it allows inventions to be shared with industrial partners through licensing agreements, creating the conditions for competitive market development, stimulating ingenuity and ensuring economic returns for those who invest in research and development. It is important to emphasize, then, that patents do not limit freedom of research in any way, while protecting commercial exploitation.

Patents and innovation: an essential combination

Patents, therefore, are not only legal tools, but real engines for innovation. They offer companies a period of commercial exclusivity that justifies the risks associated with investing in research and development. This way, companies can focus their resources on creating advanced technologies, knowing they can count on a competitive advantage.

“The patent is not a goal, but the beginning of a strategic path,” says Ilaria Giammarioli, Head of the INFN Technology Transfer Service which deals, among other activities, with the negotiation of the concession or transfer of intellectual property. “After filing, the invention can evolve, adapt to the market and create value through collaboration between research and industry. Licenses expand their diffusion, guaranteeing economic returns and new development opportunities. In addition, the patent offers time to explore new applications, transforming ideas into concrete solutions for industrial, environmental and social challenges.”

Learn more about

WIPO (https://www.wipo.int/portal/en/index.html), is the world intellectual property organization, promoter of the Patent Cooperation Treaty.

EPO (https://uibm.mise.gov.it/index.php/it/brevetti/brevetto-europeo-con-effetto-unitario), is the European Patent Office, that manages the patent filing and granting procedures at European level.

The Italian Patent and Trademark Office (UIBM) manages the Italian patents according to the following scheme: https://uibm.mise.gov.it/images/Iter.pdf

Contacts

Ilaria Giammarioli – Ilaria.giammarioli@lnf.infn.it