On another page we have described the various methods of filing available to those who want to protect an invention. In particular, an Italian Applicant can:
If the Applicant is interested only in the Italian territory, only a national filing is needed.
If the business interests extend beyond the border, the coverage strategy can have multiple executions. Ergo, there certainly exists one at minimum cost.
It is a special skills of ours to be able to find in every situation the combination of filings that get the coverage required and the minimum cost.
Not only the European patent and/or the PCT are exploited, but the knowledge of extremely up-to-date foreign agents' fees along with national fees always allows to choose the less expensive path.
Not always spending less is the main parameter. Sometimes it is safer to invest in more certain data, i.e. to commit resources on patents that have a reasonable chance of being granted.
A chance to protect an invention abroad is to file corresponding foreign applications in the concerned foreign country within one year from the Italian filing, while receiving in the meantime the search for prior art.
The year of "delay" is the result of the Paris Convention, which states that anyone who has duly filed, in or for any State party to an international convention ratified by Italy which recognizes the right of priority, an application meant to obtain a title of industrial property, or his successor in title, shall enjoy a right of priority after the first application for the purpose of filing an application for invention patent, utility model, new vegetable variety or registration of a design or trade mark (Article 4 of the Paris Convention).
The priority period is twelve months for patents and utility models and variety of plants, six months for designs and trademarks.
It is understood that the institution of priority has the function to enable the Italian Applicant to wait for a year to assess the coverage to give to the foreign protection. And he can avoid having to file simultaneously and immediately all the foreign applications.
The foreign applications claiming an Italian priority, although filed afterwards, must meet the requirements of patentability (novelty and inventive step) from the date of the first Italian filing.
The exploitation of these and many more options in a virtuous and rational mixture is the secret to getting the best from the patent establishment.