SHORT GUIDE ON PATENTS

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1 SHORT GUIDE ON PATENTS

2 Are you an INVENTOR? An Inventor is a person who proposes a new finding that solves a technical problem. The new finding could be a device, a process, a composition. It could also be an improvement of a known apparatus or a known method. If the finding presents these requirements you can call it an INVENTION.

3 So, I m an inventor and I want to PROTECT my invention Unfortunately, not all inventions can be patentable. There are essentially three substantive requirements that must be satisfied before any invention can be patented: Novelty: an invention shall be considered to be new if it does not form part of the state of the art. The state of the art comprises everything made available to the public by means of a written or oral description, by use, or in any other way, before the date of filing of the European patent application; Inventive step: an invention shall be considered as involving an inventive step if, having regard to the state of the art, it is not obvious to a person skilled in the art; Industrial application: an invention shall be considered as susceptible of industrial application if it can be made or used in any kind of industry. It is important to note that scientific theories, mathematical methods, computer programs and the presentation of information as such, are not patentable (they don t solve a technical problem, so they are not considered inventions)

4 How can I obtain a PATENT? In order to obtain a patent you have to submit a patent application The patent application is a document that contains all the necessary parts that are required for a patent. Obviously the application may or may not result in the grant of a patent depending upon the outcome of an examination on the patentability requirements (see p.3) carried out by nationals patent offices. It must be filed at the UIBM (Ufficio Italiano Brevetti e Marchi). A patent application can be recognised by the letter A that follows the id number of the document (see the red circle in the figure).

5 How does the TECHNOLOGY TRANSFER (TT) could help me in this process? The first mandatory operation, in order to start the patentability process, is to compile the Record of Invention (ROI) that can be found into IIT s website at and send it to the Technology Transfer. It carries out a preliminary technical evaluation of the invention to verify the patentability requirements (see p.3); It chooses the most suitable patent attorney and transmits all the required documents for the preparation of the patent application; It reviews and approves the draft of the patent application and gives the authorization to the patent attorney for the first filing. It defines the ownership of the inventions and the agreements about costs and revenues associated with them It coordinates the designed patent attorney giving him instructions for the foreign prosecution of the patent application The entire process is carried out in close coordination with the inventors, and frequently leads to revisions of the involved documents.

6 I m an INVENTOR, should I consider to patent my idea? Findings, as shown in page2 and in page 3, have to meet some strict requirements in order to become a protected invention. You, as a new born inventor, have to keep in mind these prerequisites and: Before disclosing your possible invention on a paper, on a poster, during a conference, on a website, etc. please consider the opportunity to patent the idea and feel free to contact us at technology.transfer@iit.it.