Inventions and Patents

Patent or utility model?

Choosing between a patent and a utility model depends on the nature of the innovation and its inventive step.

In Italy, an invention patent protects new and non-obvious technical solutions for a maximum of 20 years from the filing date. A utility model, by contrast, is suited for functional improvements to existing products and offers protection for 10 years (initially 5 years, renewable once).

Both forms require formal filing to secure exclusive rights.

Concrete examples clarify the distinction: the invention of the internal combustion engine (1876) by Nikolaus Otto or the PageRank algorithm (1994) by Google were patented as revolutionary inventions. By contrast, a telescopic broom enabling adjustable height or an improved bottle closure system would typically qualify for protection as utility models—practical innovations, perhaps not groundbreaking, but highly valuable.

International patent protection strategy

Patent protection is inherently territorial: a patent safeguards an invention only within the jurisdiction where it is granted. Accordingly, careful planning of an international protection strategy is crucial to achieving industrial and commercial objectives.

The first step is filing an Italian patent application with the Italian Patent and Trademark Office (UIBM) for national protection.

Those seeking broader coverage may file a European patent application with the European Patent Office (EPO). Once granted, the European patent must be validated in each designated state. Alternatively, the European patent with unitary effect offers uniform protection across participating EU member states, streamlining administration and significantly reducing maintenance costs.

Another option is the international patent application under the Patent Cooperation Treaty (PCT), administered by WIPO. This procedure provides provisional protection in over 150 countries through a single filing, after which the applicant must enter national or regional phases to secure final grants in the chosen jurisdictions.

Effective territorial extension planning not only maximizes innovation protection but also optimizes costs, preserves commercial flexibility, and builds a solid competitive advantage globally.

Patent infringement, legal defense, and damages

Patent infringement constitutes one of the most serious violations of industrial property rights. Unauthorized use of a protected invention exposes the infringer to significant legal consequences, both in terms of the immediate cessation of the infringement and the obligation to compensate the rights holder for the damages incurred.

In cases of counterfeiting or unlawful use, the patent holder is entitled to seek urgent injunctive relief to block the unauthorized exploitation, to obtain the seizure of counterfeit goods, and to claim full compensation for the damages suffered. Recoverable damages include not only loss of profits, corresponding to lost business opportunities, and actual damages, related to direct economic loss, but also moral damages, arising from the harm caused to the reputation, commercial image, and credibility of the inventor or the rights holder.

Canella Camaiora® is widely recognized for its excellence in patent litigation. The firm provides comprehensive assistance, from the preparation of technical and legal opinions to the management of both extrajudicial and judicial proceedings, through to the enforcement of final decisions.

Our approach is guided by unwavering determination: operating effectively in this sector requires swift, precise, and forceful action, protecting exclusive rights and enhancing both the economic and moral value of innovation.

Acting without delay and with surgical precision is essential to strengthen the commercial position, limit damages, and consolidate a lasting competitive advantage in the market.