Patent-related services

In order to draw up a good Patent it is necessary to know and interpret the prior art. 

The search and the correct interpretation of the relevant documents is undoubtedly useful to write and obtain the best Patent. Once the Patent has been obtained, it is necessary to examine the competitors’ activity in order to defeat or stop it through an opposition in Europe.

This can be reached only by a careful monitoring of the Patents literature.

SEARCHES

• Prior art: for relevant Patents or documents both in Italy and abroad which could prevent the grant of a patent or, over the long term, lead to an opposition or to a legal proceedings.
• Freedom To Operate: to verify the existence of Patents able to affect the marketing of a new product.

In Italy there is no real Patent examination; on the contrary, in Europe, as well as in the United States and in most countries, a Patent is subjected to an examination of its novelty and inventiveness requisites.

A Patent prosecution based on a deep knowledge of Patent technical and legal aspects is a requisite to obtain the broadest protection.

Usually it does not. The realization of an idea is often the last step of a long and expensive process indeed.

The significant amount of money involved in research, tests, improvements make your invention deserve the right protection.

But… what if it turns out that your competitor has just received a grant for the same invention?

 There are two possibilities: either you can give up (and waste your money), or you continue protecting your invention and, possibly, file an opposition.

Even when a competitors’ Patent is granted in Europe it is not too late to act through an opposition, that is the filing of evidences and arguments that can prove that the Patent must be revoked by the European Patent Office.

Then, if the game isn’t really worth the candle, there is no point in wasting time and money in a poor and inconsistent arguments. We will be the first to advise you not to!

According to our statistics, we can reasonably pride ourselves of about ninety percent of success in Appeal’s procedure so far. Many times, an opposition procedure leads to an Appeal, that is the very last step of Patent Examination at the EPO.

When preparing an opposition, we devote a large amount of time to a thorough research among all the documents, publication and studies, in order to build a solid offensive strategy. Furthermore, an opposition based on a deep knowledge of rules of examination and Case Law of the Board of Appeal can at least reduce the aim of the competitor Patent claims or, on the other hand, maintain the broadest coverage of our Client’s patent.

When a new product is introduced or a new process has to be developed, it is necessary to know if and how it is free from Patent dominations, in order not to waste money in law suits or licenses.

Due diligences on Patent and Trademark portfolio

Rebuilding of Patent portfolio

Legal support: judicial and out-of-court support on matters relating to Industrial and Intellectual Property, in partnership with the network of our valuable lawyer colleagues. Marco Serravalle is a European Patent Litigator and can assist you in front of the UPC in infringement or nullity actions.