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Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 11
IP models and proceduresIP models and procedures
How to protect IP: How to protect IP: patents, industrial models and trademarks, patents, industrial models and trademarks,
International proceduresInternational procedures
July 14, 2010
Ing. Enrico GATTIGIAMBROCONO & C. S.p.A.
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 22
Intellectual PropertyIntellectual Property
Intellectual Property (IP) is anything which Intellectual Property (IP) is anything which is created by the “intellect”is created by the “intellect”
It is a product of human creation.It is a product of human creation.
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 33
Intellectual PropertyIntellectual Property
Proof of creation gives you ownership rights
Registration confirms ownership right Enforcement insures your ongoing
rights
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 44
Intellectual PropertyIntellectual Property
Is a “monopoly” or exclusive ownership
Intellectual Property is often worth more than the physical assets of a business
It is necessary: an IP strategy, a budget, a control
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 55
Why Protect Intellectual Why Protect Intellectual PropertyProperty
Protect investment in time, money or Protect investment in time, money or other resources used to other resources used to createcreate new new ideasideas
Can also be used to generate Can also be used to generate revenues through licensing fees, revenues through licensing fees, royalties, and selling the technology royalties, and selling the technology
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 66
Categories of Intellectual Categories of Intellectual PropertyProperty
Patents Patents Trade Secrets Trade Secrets DesignsDesigns TrademarkTrademark Plant Variety ProtectionPlant Variety Protection Topography of integrated circuits Topography of integrated circuits CopyrightsCopyrights
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 77
ActivitiesActivities Patents Copyright/Confidential
information
Designs
Trademarks
Using other’s research papers, publication
X
Research information, experimental result
X
Publishing or presenting research, academic or technical papers
X X X
Industrial design project X X X
Contract research X X X
Consultancy projects X X X X
Staring discussion on a collaborative project
X X
Transfer of important information X
Developing computer software X X X
Preparing note for lectures X
Responding to telephone queries of technical nature
X
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 88
Effective PeriodEffective Period
Patents: Patents: 20 yrs20 yrs Secrets: Secrets: IndefiniteIndefinite Design : Design : 25 yrs25 yrs Copyrights: Copyrights: 70 yrs70 yrs from the dead of from the dead of
the creator.the creator. Trademarks: Trademarks: IndefiniteIndefinite
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 99
PatentsPatents Venetian Patent Law of 1474Venetian Patent Law of 1474
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 1010
Venetian Patent Law of Venetian Patent Law of 14741474
There are men in this city, and also there come other persons There are men in this city, and also there come other persons every day from different places by reason of its greatness and every day from different places by reason of its greatness and goodness, who have most clever minds, capable of devising and goodness, who have most clever minds, capable of devising and inventing all kinds of ingenious contrivances. And should it be inventing all kinds of ingenious contrivances. And should it be legislated that the works and contrivances invented by them legislated that the works and contrivances invented by them could not be copied and made by others so that they are could not be copied and made by others so that they are deprived of their honour, men of such kind would exert their deprived of their honour, men of such kind would exert their minds, invent and make things that would be of no small utility minds, invent and make things that would be of no small utility and benefit to our State. Therefore, the decision has been made and benefit to our State. Therefore, the decision has been made that, by authority of this Council, any person in this city who that, by authority of this Council, any person in this city who makes any makes any new and ingenious contrivancesnew and ingenious contrivances not made not made heretofore in our Dominionheretofore in our Dominion, shall, as soon as it is perfected so , shall, as soon as it is perfected so that it can be used and exercised, that it can be used and exercised, give noticegive notice of the same to of the same to the office of our Provveditori di Comun, having been the office of our Provveditori di Comun, having been forbiddenforbidden up to up to ten yearsten years to any other person in any territory and place of to any other person in any territory and place of ours to make a contrivance in the form and resemblance of that ours to make a contrivance in the form and resemblance of that one one without the consent and license of the authorwithout the consent and license of the author..
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 1111
Venetian Patent Law of Venetian Patent Law of 14741474
And if nevertheless someone should make it, the And if nevertheless someone should make it, the aforesaid author and inventor will have the liberty aforesaid author and inventor will have the liberty to to cite him before any officecite him before any office of this city, which office will of this city, which office will force the aforesaid force the aforesaid infringer to pay him the sum of infringer to pay him the sum of one hundred ducats and immediately destroy the one hundred ducats and immediately destroy the contrivancecontrivance. But our Government will be free, at its . But our Government will be free, at its complete discretion, to take and use for its needs any complete discretion, to take and use for its needs any of the said contrivances and instruments, with this of the said contrivances and instruments, with this condition, however, that no one other than the condition, however, that no one other than the authors shall operate them.authors shall operate them.
In favour ____ 116, non sincere ____ 3, Against ____ 10In favour ____ 116, non sincere ____ 3, Against ____ 10
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 1212
An inventor is granted a monopoly An inventor is granted a monopoly for a given period of time in for a given period of time in exchange for disclosing to the public exchange for disclosing to the public how to make the invention. how to make the invention.
If a patent fails to contain such If a patent fails to contain such information, then the bargain is information, then the bargain is violated, and the patent is can be violated, and the patent is can be revokedrevoked
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 1313
What is patent right?What is patent right?
A "bundle of rights" – the rights to:A "bundle of rights" – the rights to:Use (and derive profit)Use (and derive profit)Exclude othersExclude othersAlienate (sell, license)Alienate (sell, license)
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 1414
What is patent right?What is patent right?
Patent does not confer right to Patent does not confer right to practice inventionpractice invention
only confers right to exclude othersonly confers right to exclude others
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 1515
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 1616
Invention:Invention:
is a new and inventive solution to a is a new and inventive solution to a technical problem. technical problem.
It must be newIt must be new Have an inventive stepHave an inventive step Be industrially applicableBe industrially applicable
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 1717
Invention:Invention:
An idea is just a problem statement. An idea is just a problem statement. An invention is a solution to that An invention is a solution to that
problem. problem. Ideas aren't patentable -- only Ideas aren't patentable -- only
inventions are. inventions are.
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 1818
Shall not be regardedas inventions (EPO)
(a) discoveries, scientific theories (a) discoveries, scientific theories and mathematical methods;and mathematical methods;
(b) aesthetic creations;(b) aesthetic creations; (c) schemes, rules and methods for (c) schemes, rules and methods for
performing mental acts, playing performing mental acts, playing games or doing business, and games or doing business, and programs for computers;programs for computers;
as such.as such.
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 1919
Patentable or notPatentable or not
As indicated in the 1952 USA Patent As indicated in the 1952 USA Patent Act, is patentable "Act, is patentable "everything under everything under the sun that is made by manthe sun that is made by man.“.“
But …But … an inventive step can result only an inventive step can result only
from claim features contributing to a from claim features contributing to a technical character (EPO)technical character (EPO)
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 2020
Inventive stepInventive step
EPO - Problem-solution approach EPO - Problem-solution approach USA USA
Teaching-suggestion-motivation (TSM) Teaching-suggestion-motivation (TSM) test test
Graham factors Graham factors
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 2121
Problem-solution approachProblem-solution approach
identifying the identifying the closest prior artclosest prior art; (define ; (define the differences with the claimed invention)the differences with the claimed invention)
determining the determining the objective technical objective technical problemproblem, that is, determining, in the view , that is, determining, in the view of the closest prior art, the technical of the closest prior art, the technical problem which the claimed invention problem which the claimed invention addresses and successfully solves; and addresses and successfully solves; and
examining examining whetherwhether or not or not the claimed the claimed solutionsolution to the objective technical to the objective technical problem problem is obviousis obvious for the skilled person for the skilled person in view of the state of the art in general. in view of the state of the art in general.
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 2222
Problem-solution approachProblem-solution approach
there is any teaching in the prior art as a there is any teaching in the prior art as a whole that whole that would would ((not simply could, but not simply could, but wouldwould) have prompted the skilled person, ) have prompted the skilled person, faced with the objective technical problem, faced with the objective technical problem, to modify or adapt the closest prior art to modify or adapt the closest prior art while taking account of that teaching, while taking account of that teaching, thereby arriving at something falling within thereby arriving at something falling within the terms of the claims, and thus achieving the terms of the claims, and thus achieving what the invention achieveswhat the invention achieves
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 2323
Graham factorsGraham factors
the scope and content of the prior the scope and content of the prior art; art;
the level of ordinary skill in the art; the level of ordinary skill in the art; the differences between the claimed the differences between the claimed
invention and the prior art; and invention and the prior art; and objective evidence of objective evidence of
nonobviousness nonobviousness
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 2424
Indications of inventive stepIndications of inventive step
New Problem + solution provided > Not obvious
Known Problem + better solution provided > Not obvious
Known Problem + alternative solution provided > Often obvious
Known Problem + inferior solution provided > Obvious
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 2525
Indications of inventive stepIndications of inventive step prejudice in the art > rarely acceptedprejudice in the art > rarely accepted
time factor (old references) > sometimes acceptedtime factor (old references) > sometimes accepted
long felt need > sometimes acceptedlong felt need > sometimes accepted
commercial success > generally not acceptedcommercial success > generally not accepted
simple solution > often acceptedsimple solution > often accepted
surprising effect > generally acceptedsurprising effect > generally accepted
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 2626
Patentable Subject MatterPatentable Subject Matter
ProcessProcess, or method, or method MachineMachine or apparatus or apparatus ManufactureManufacture or article of or article of
manufacturemanufacture CompositionComposition of matter of matter
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 2727
ProcessProcess
a way of doing somethinga way of doing something
physical transformation in the physical transformation in the materials to which the process is materials to which the process is appliedapplied
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 2828
Product PatentsProduct Patents
• a device having mechanical and/or electrical a device having mechanical and/or electrical components which perform a useful functioncomponents which perform a useful function
• the production of articles for use from raw or the production of articles for use from raw or prepared materials by giving to these materials prepared materials by giving to these materials new forms, qualities, properties, or combinations, new forms, qualities, properties, or combinations, whether by hand-labor or by machinerywhether by hand-labor or by machinery
• all compositions of two or more substances all compositions of two or more substances and ... all composite articles, whether they be and ... all composite articles, whether they be the results of chemical union, or of the results of chemical union, or of mechanical mixture, or whether they be mechanical mixture, or whether they be gases, fluids, powders or solids.gases, fluids, powders or solids.
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 2929
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 3030
Rule 42 EPC - Content of Rule 42 EPC - Content of the descriptionthe description
(1) (1) The description shall: The description shall: (a) specify the (a) specify the technical fieldtechnical field to which the to which the invention relates;invention relates;
b) indicate the b) indicate the background artbackground art which, as far which, as far as known to the applicant, can be regarded as as known to the applicant, can be regarded as useful for understanding the invention, for useful for understanding the invention, for drawing up the European search report and for drawing up the European search report and for the examination, and, preferably, cite the the examination, and, preferably, cite the documents reflecting such art; documents reflecting such art;
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 3131
Rule 42 EPC - Content of Rule 42 EPC - Content of the descriptionthe description
(c) disclose the invention, as claimed, (c) disclose the invention, as claimed, in such terms that the in such terms that the technical technical problemproblem (even if not expressly stated (even if not expressly stated as such) and as such) and its solutionits solution can be can be understood, and state understood, and state any any advantageous effectsadvantageous effects of the invention of the invention with reference to the background art; with reference to the background art;
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 3232
Rule 42 EPC - Content of Rule 42 EPC - Content of the descriptionthe description
(d) briefly (d) briefly describe the figuresdescribe the figures in the in the drawings, if any; drawings, if any; (e) describe in detail (e) describe in detail at least one way of at least one way of carrying out the invention claimedcarrying out the invention claimed using examples where appropriate and using examples where appropriate and referring to the drawings, if any; referring to the drawings, if any; (f) indicate explicitly, when it is not (f) indicate explicitly, when it is not obvious from the description or nature of obvious from the description or nature of the invention, the way in which the the invention, the way in which the invention is capable of invention is capable of exploitation in exploitation in industryindustry. .
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 3333
CLAIMSCLAIMS
The claims shall define the matter for which protection is sought.
They shall be clear and concise and be supported by the description.
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 3434
Why patentingWhy patenting
Strong market position and competitive advantageStrong market position and competitive advantage Higher profit or returns on investmentHigher profit or returns on investment Additional income from licensingAdditional income from licensing A powerful tool to take action against imitatorsA powerful tool to take action against imitators Access to technology through cross licensingAccess to technology through cross licensing Access to new marketsAccess to new markets Diminished risks of infringementDiminished risks of infringement Enhanced ability to obtain grants and/or raise Enhanced ability to obtain grants and/or raise
fundsfunds Positive image for the firmPositive image for the firm
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 3535
Alternatives to patentsAlternatives to patents
SecretsSecrets is not generally known to the public; is not generally known to the public; confers some sort of economic benefit confers some sort of economic benefit
on its holder; on its holder; is subject of reasonable efforts to is subject of reasonable efforts to
maintain its secrecy. maintain its secrecy.
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 3636
Alternatives to patentsAlternatives to patents
Defensive publishingDefensive publishing
is a low cost way to prevent competitors is a low cost way to prevent competitors from obtaining patents and protect your from obtaining patents and protect your freedom to practice.freedom to practice.
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 3737
DesignsDesigns
"design" means the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation;
A design shall be protected by a Community design to the extent that it is new and has individual character
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 3838
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 3939
NoveltyNovelty
A design shall be considered to be new if no identical design has been made available to the public
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 4040
Individual character
A design shall be considered to have individual character if the overall impression it produces on the informed user differs from the overall impression produced on such a user by any design which has been made available to the public
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 4141
TrademarkTrademark
a sign which can a sign which can distinguishdistinguish your your goods and services from those of goods and services from those of your competitors your competitors
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 4242
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 4343
A trademark isA trademark is
any signs capable of being represented graphically, particularly words, including personal names, designs, letters, numerals, the shape of goods or of their packaging
3D, color, sound, olfactory, hologram
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 4444
Absolute grounds of refusalAbsolute grounds of refusal
is devoid of any distinctive character; is devoid of any distinctive character; exclusively serves to designate exclusively serves to designate
characteristics of the goods or service; characteristics of the goods or service; has become customary in the current has become customary in the current
language; language; is contrary to public policy or to accepted is contrary to public policy or to accepted
principles of morality; principles of morality; is of such a nature as to deceive the public, is of such a nature as to deceive the public,
for instance as to the nature, quality or for instance as to the nature, quality or geographical origin of the goods or service. geographical origin of the goods or service.
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 4545
Relative grounds Relative grounds of refusalof refusal
A trademark will be refused on the basis of A trademark will be refused on the basis of an earlier mark if:an earlier mark if:
Identical o similar and applied for similar Identical o similar and applied for similar goods or services (exists a likelihood of goods or services (exists a likelihood of confusion of the public, including the confusion of the public, including the likelihood of association with the earlier likelihood of association with the earlier trade mark;trade mark;
Identical o similar for goods or services not Identical o similar for goods or services not similar but it is notorioussimilar but it is notorious
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 4646
GOODSGOODS
CLASS 1 (Chemicals) CLASS 1 (Chemicals)
CLASS 2 (Paints) CLASS 2 (Paints)
CLASS 3 (Cosmetics and cleaning preparations) CLASS 3 (Cosmetics and cleaning preparations)
CLASS 4 (Lubricants and fuels) CLASS 4 (Lubricants and fuels)
CLASS 5 (Pharmaceuticals) CLASS 5 (Pharmaceuticals)
CLASS 6 (Metal goods) CLASS 6 (Metal goods)
CLASS 7 (Machinery) CLASS 7 (Machinery)
CLASS 8 (Hand tools) CLASS 8 (Hand tools)
CLASS 9 (Electrical and scientific apparatus) CLASS 9 (Electrical and scientific apparatus)
CLASS 10 (Medical Apparatus) CLASS 10 (Medical Apparatus)
CLASS 11 (Environmental control apparatus) CLASS 11 (Environmental control apparatus)
CLASS 12 (Vehicles) CLASS 12 (Vehicles)
CLASS 13 (Firearms) CLASS 13 (Firearms)
CLASS 14 (Jewelry) CLASS 14 (Jewelry)
CLASS 15 (Musical Instruments) CLASS 15 (Musical Instruments)
CLASS 16 (Paper goods and printed matter) CLASS 16 (Paper goods and printed matter)
CLASS 17 (Rubber goods) CLASS 17 (Rubber goods)
CLASS 18 (Leather goods) CLASS 18 (Leather goods)
CLASS 19 (Nonmetallic building materials) CLASS 19 (Nonmetallic building materials)
CLASS 20 (Furniture and articles not otherwise CLASS 20 (Furniture and articles not otherwise classified) classified)
CLASS 21 (Housewares and glass) CLASS 21 (Housewares and glass)
CLASS 22 (Cordage and fibers) CLASS 22 (Cordage and fibers)
CLASS 23 (Yarns and threads) CLASS 23 (Yarns and threads)
CLASS 24 (Fabrics) CLASS 24 (Fabrics)
CLASS 25 (Clothing) CLASS 25 (Clothing)
CLASS 26 (Fancy goods) CLASS 26 (Fancy goods)
CLASS 27 (Floor coverings) CLASS 27 (Floor coverings)
CLASS 28 (Toys and sporting goods) CLASS 28 (Toys and sporting goods)
CLASS 29 (Meats and processed foods) CLASS 29 (Meats and processed foods)
CLASS 30 (Staple foods) CLASS 30 (Staple foods)
CLASS 31 (Natural agricultural products) CLASS 31 (Natural agricultural products)
CLASS 32 (Light beverages) CLASS 32 (Light beverages)
CLASS 33 (Wine and spirits) CLASS 33 (Wine and spirits)
CLASS 34 (Smokers' articles) CLASS 34 (Smokers' articles)
SERVICESSERVICES
CLASS 35 (Advertising and business) CLASS 35 (Advertising and business)
CLASS 36 (Insurance and financial) CLASS 36 (Insurance and financial)
CLASS 37 (Building construction and repair) CLASS 37 (Building construction and repair)
CLASS 38 (Telecommunications) CLASS 38 (Telecommunications)
CLASS 39 (Transportation and storage) CLASS 39 (Transportation and storage)
CLASS 40 (Treatment of materials) CLASS 40 (Treatment of materials)
CLASS 41 (Education and entertainment) CLASS 41 (Education and entertainment)
CLASS 42 (Computer, scientific & legal) CLASS 42 (Computer, scientific & legal)
CLASS 43 (Hotels and Restaurants) CLASS 43 (Hotels and Restaurants)
CLASS 44 (Medical, beauty & agricultural) CLASS 44 (Medical, beauty & agricultural)
CLASS 45 (Personal)CLASS 45 (Personal)
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 4747
TrademarkTrademark
Registered Registered trademarktrademark
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 4848
CopyrightsCopyrights
Protects an author’s artistic Protects an author’s artistic expression in a literary work, musical expression in a literary work, musical work, work, computer softwarecomputer software, video, , video, motion picture, sound recording, motion picture, sound recording, photo, sculpture, etc.photo, sculpture, etc.
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 4949
CopyrightsCopyrights
copyright is automatic, and need not copyright is automatic, and need not be obtained through official registration be obtained through official registration with any government officewith any government office
However, registration, in jurisdictions However, registration, in jurisdictions where the laws provide for registration, where the laws provide for registration, it serves as evidence of a valid it serves as evidence of a valid copyright.copyright.
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 5050
copyright notice:copyright notice:
Copyright © 2010 Enrico GattiCopyright © 2010 Enrico Gatti
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 5151
Plant VarietyPlant Variety
Protection of new varieties of plantsProtection of new varieties of plants
-distinct, -distinct,
-uniform, and -uniform, and
-stable.-stable.
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 5252
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 5353
FILING PROCEDURESFILING PROCEDURES
NationalNational
Regional (EPO, ARIPO, OAPI, EAPO)Regional (EPO, ARIPO, OAPI, EAPO)
InternationalInternational
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 5454
International patent (PCT) (WIPO)International patent (PCT) (WIPO) International trademark (WIPO)International trademark (WIPO) International design (WIPO)International design (WIPO) Comunitary trademark (OAMI)Comunitary trademark (OAMI) Comunitary design (OHIM)Comunitary design (OHIM) European patent (EPO)European patent (EPO)
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 5555
PriorityPriority Article 4 of the Paris Convention for the Article 4 of the Paris Convention for the
Protection of Industrial Property of 1883.Protection of Industrial Property of 1883.
Any person who has duly filed an Any person who has duly filed an application, in one of the countries of application, in one of the countries of the Union, shall enjoy, for the purpose the Union, shall enjoy, for the purpose of filing in the other countries, a right of of filing in the other countries, a right of priority during the periods hereinafter priority during the periods hereinafter fixed.fixed.
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 5656
PriorityPriority
The priority right belongs to the The priority right belongs to the applicant and allows him to file a applicant and allows him to file a subsequent application in another subsequent application in another country for the same application, country for the same application, claiming the date of filing of the first claiming the date of filing of the first application for the examination of application for the examination of certain requirements.certain requirements.
Patent Patent 1 year 1 year Design, trademark Design, trademark 6 months 6 months
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 5757
PCTPCT
The Patent Cooperation Treaty (PCT) The Patent Cooperation Treaty (PCT) is an international patent law treaty, is an international patent law treaty, concluded in 1970.concluded in 1970.
Administered Administered by the World by the World Intellectual Property Organization Intellectual Property Organization (WIPO), (WIPO), based in Geneva, based in Geneva, SwitzerlandSwitzerland
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Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 6060
EAPO
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 6161
Generic patent grant Generic patent grant procedureprocedure
Filing of Patent applicationFiling of Patent application Formal examinationFormal examination Publication of applicationPublication of application Search and substantive examinationSearch and substantive examination Grant and publicationGrant and publication Opposition periodOpposition period
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EPOEPO
The European Patent Organisation is The European Patent Organisation is an intergovernmental organisation an intergovernmental organisation that was set up on 7 October 1977 that was set up on 7 October 1977 on the basis of the on the basis of the European Patent ConventionEuropean Patent Convention (EPC) (EPC) signed in Munich in 1973. signed in Munich in 1973.
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 6464
37 contracting states + 3 extension 37 contracting states + 3 extension statesstates
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 6565
Madrid System for the Madrid System for the International Registration of International Registration of
MarksMarks The The Madrid system establishedMadrid system established in in
18911891 under the under the
Madrid Agreement (1891), and Madrid Agreement (1891), and Madrid Protocol (1989). Madrid Protocol (1989).
It is administered by WIPO located in It is administered by WIPO located in Geneva, Switzerland. Geneva, Switzerland.
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 6666
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 6767
Madrid SystemMadrid System
The The ProtocolProtocol — which has been in — which has been in operation since 1989 and has 81 operation since 1989 and has 81 members — is more popular than the members — is more popular than the AgreementAgreement — which has been in — which has been in operation for more than 110 years and operation for more than 110 years and has 56 members.has 56 members.
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 6868
Madrid SystemMadrid System
The Madrid Protocol was adopted in The Madrid Protocol was adopted in order to introduce certain new features order to introduce certain new features into the system of the international into the system of the international registration of marks, with the aim of registration of marks, with the aim of removing the difficulties preventing removing the difficulties preventing certain countries from adhering to the certain countries from adhering to the Madrid AgreementMadrid Agreement
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 6969
Hague System for the Hague System for the International Registration of International Registration of
Industrial Designs Industrial Designs This System gives the owner of an This System gives the owner of an industrial design the possibility to have industrial design the possibility to have his design protected in several his design protected in several countries by simply filing one countries by simply filing one application with the International application with the International Bureau of WIPO, in one language, with Bureau of WIPO, in one language, with one set of fees in one currency (Swiss one set of fees in one currency (Swiss Francs). Francs).
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OHIM - Office of Harmonization OHIM - Office of Harmonization for the Internal Market for the Internal Market
OHIM is the European Union agency OHIM is the European Union agency responsible for registering trade marks responsible for registering trade marks and designs that are valid in all 27 and designs that are valid in all 27 countries of the EU.countries of the EU.
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 7272
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 7373
TRADEMARKSTRADEMARKS
granting the filing date when the application meets the granting the filing date when the application meets the minimum requirements (name and address of the minimum requirements (name and address of the applicant, a representation of the trade mark, list of applicant, a representation of the trade mark, list of goods and services, payment of the basic fee) goods and services, payment of the basic fee)
conducting a goods and/or services classification check conducting a goods and/or services classification check conducting a formalities examination, which includes conducting a formalities examination, which includes
checking the signature, languages, owner and/or checking the signature, languages, owner and/or representative data, priority and/or seniority claims representative data, priority and/or seniority claims
accepting or refusing the trade mark as a sign accepting or refusing the trade mark as a sign (examination for absolute grounds for refusal) (examination for absolute grounds for refusal)
sending the list of goods and services to the sending the list of goods and services to the Translation Centre for Bodies of the European Union Translation Centre for Bodies of the European Union
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TRADEMARKSTRADEMARKS
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DESIGNSDESIGNS
Applications are checked mainly for Applications are checked mainly for formalities. formalities.
There is no substantive examination There is no substantive examination (e.g. no search for novelty), except to (e.g. no search for novelty), except to verify that the application is for a verify that the application is for a design and that the design is not design and that the design is not contrary to public policy or morality contrary to public policy or morality
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DESIGNSDESIGNS
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Now some statistical figuresNow some statistical figures
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OHIM Trademark OHIM Trademark registrationsregistrations
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OHIM Design registrationsOHIM Design registrations
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 8181
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 8282
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 8383
Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 8484
USA 2009USA 2009
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Enrico Gatti - GIAMBROCONO & C. S.p.A.Enrico Gatti - GIAMBROCONO & C. S.p.A. 8686
Thank youThank you
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