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Racheli offers its clients full services relating to filing and prosecuting Italian, European and Euro-PCT patent applications, including validation of European patents in the various EPC member countries, as well as to filing and prosecuting Italian utility models.

Italian Patents

For new and inventive technical subject matter  in the following areas:



• Mechanical

• Automotive

• Electronic (including topographies of semi-conductors)

• Chemical (including polymers)

• Software (with a technical function)

• Life-sciences technologies

• New plant varieties

 

The maximum duration of a Patent of Invention is 20 years from the Italian filing date.

 

Applications are laid open to public inspection 18 months after priority date (or filing date if priority is not claimed), if the early publication is not requested.

 

The Italian PTO conducts prior art search  and preliminary opinion on patentability  through the EPO, only in respect of first filings (no search fee).

 

The average time duration between the filing of the application and the grant of the patent is currently of approximately 3 years.

Italian Utility Models

A utility model patent can be granted in Italy for a new and useful conformation or arrangement of a machine, a machine part, an instrument or a tool.   Protection may be sought for inventions that have a lesser degree of inventive step.

The duration of protection conferred by a utility model is a maximum of 10 years. Absolute novelty is required.

The procedure for obtaining a utility model patent is similar to the one relating to patents of invention.

A frequent advantage of this type of patent is that a failed application for a patent of invention (i.e. for lack of inventive step) may succeed as a utility model.

 

European Patents

A European patent may be obtained by virtue of the European Patent Convention, which regime falls under the authority of the European Patent Office primarily located in Munich, Germany. A single European patent application allows, in case an examination on the merits is successfully passed, to obtain a patent valid in all or only some countries (the choice is up to the applicant) belonging to the European Patent Convention. The "member" countries actually adhering to the convention are:

 

Albania, Austria*, Belgium*, Bulgaria*, Czech Republic*, Cyprus (Greek) *, Denmark*, Estonia*, Finland*, France*, Germany*, Greece*, Croatia*, Hungary*, Ireland*, Iceland, Italy, Latvia*, Luxemburg*, Lithuania*, Principality of Monaco, Macedonia, Malta*, Netherlands*, Norway, Poland*, Portugal*, Romania*, San Marino, Serbia, Slovakia*, Slovenia*, Spain, Sweden*, Switzerland (including Liechtenstein), Turkey, United Kingdom*,  Extension countries: Bosnia-Herzegovnia, Montenegro.

 

In order for the European patent to be currently valid in the above designated countries, a validation application must be filed within 90 days from the granted European Patent with the national IPO of each Member Country designated by the applicant in the course of prosecution of the European patent application.

 

In Italy, an official Italian translation (as sworn exact translation of the full text of the granted European patent) must be filed together with the validation application, by an Italian Patent Attorney with the Italian Patent and Trademark Office.

 

It is to be noted that in the next years it will be possible to designate  the 26 Member Countries (indicated above with an asterisk) for protection as a unified patent, with a single request made to the EPO, instead of individually with the national IPO’s.  These 26 countries of the unified patent correspond to the current Member States of the European Union, with the exception of Italy and Spain, which opted out of this regime.

 

European Patents

We may assist foreign clients in filing any of the following applications:

 

• a European patent application as a first filing;

• a European patent application on priority from a foreign national application (provided the home application has been filed in a country which is a contracting state of the Paris Convention);

• a European patent application under the European regional phase of an international PCT application;

• an Italian validating application of a granted European patent.

 

The procedure for obtaining a European Patent is similar to the procedure followed in other major jurisdictions: the application will be kept secret for  an 18-month period during which the applicant obtains a search report of prior art and at the end of which the application will be published together with the search report and the applicant has to pay the examination fee and a flat designation fee for designating all contracting states.


The application will then be examined to make sure that it meets the patentability requirements and, after grant, can be subject to third party oppositions. The usual time required to obtain a grant of the European patent is about 3-4 years from the application date, unless an accelerated prosecution is requested.

PCT Applications

The Patent Co-operation Treaty (the "PCT") regulates the International Patent Application (the "PCT application"). It does not result in obtaining a single patent, but allows one, through a single filing upon which it is possible to "designate" all countries adhering to the PCT (presently 148 countries throughout the world), to delay the expenses relating to the filing in the various countries for a period of 30 months, commencing from the filing date of the PCT application, obtaining in the meantime a valid technical report which allows one to evaluate the real importance of the invention, before incurring more important costs which are involved in the filing of a European Patent Application and/or of national applications.

Under the PCT, it is necessary to select a European patent application in order to extend the home patent application to Italy and other European Patent Convention member countries.

 

RACHELI S.r.l. CONSULENTI IN PROPRIETA' INTELLETTUALE - CONSULTANTS IN INTELLECTUAL PROPERTY - Tel. +39.02.480681 - Fax. +39.02.48008343 +39.02.48002648 - E-mail: racheli@racheli.it - Cod. Fisc. P.IVA - VAT REG. N. 09899330154

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A. COPYRIGHT AND DISCLAIMER
This web site is presented by firm Racheli S.r.l., Consultants in Intellectual Property (hereinafter also referred to as “Racheli”). The contents thereof, in whole and in part, are protected by copyright and may not be reproduced for commercial purposes. Partial reproductions of site contents are permitted on condition that the source is identified and the reproduction is not of a commercial nature.
They are strictly informative, do not claim completeness and do not constitute legal or professional advice. No action with respect to any information contained on this website should be taken without consultation with a professional appropriate to the individual case. Any liability in connection with this website and the information provided therein, including the content of possible links, is therefore excluded to the extent permitted by law.
Racheli is an Italian company, duly registered with the Milan Business Registry under no. 300489 /1996 and having the V.A.T.  number IT 09899330154.
To the extent permitted by law, Italian law is applicable for all matters concerning this website or services rendered by Racheli or its attorneys who handle(s) the individual case.
The European Patent Attorneys of Racheli are registered with the European Patent Office and are members of the Institute of Professional Representatives before the EPO (EPI).
The Italian Patent, Design and Trademark Attorneys are registered with the Italian Patent and Trademark Office and are members of the Ordine dei Consulenti in Proprietà Industriale, the Italian Patent, Designs and Trademark Attorneys' association.
The European Trademark and Design Attorneys are registered at the Office for Harmonization in the Internal Market. They are subject to the rules of the Council Regulation on the Community Trade Mark and of the Council Regulation on the Community Design. 
The Attorneys at Law acting on behalf of Racheli as consultants are Italian and Canadian lawyers and are members of their respective bar associations.

The following professional codes of conduct apply to:
the European Patent Attorneys:
- Guidelines for practising the profession, issued by the Institute of Professional Representatives before the European Patent Office (EPI)
- Guidelines concerning disciplinary matters, issued by the Administrative Council of the European Patent Office

the Italian Patent, Design and Trademark Attorneys:
- Code of Professional Conduct of the Ordine dei Consulenti in Proprietà Industriale


the Attorneys at Law:
- Codes of Professional Conduct of the Milan and Spanish Bar Associations
- Code of Professional Conduct of the Law Society of Upper Canada
- The Code of Conduct for Lawyers in the European Community issued by the CCBE (Council of the Bars and Law Societies of the European Community) is applicable to all lawyers acting in the EU http://www.cobe.org/UK/publications.htm.


B. TRADEMARKS
“Racheli” and the accompanying logo are trademarks owned by Racheli S.r.l. and are protected among others by trademark applications and registrations. No use of these trademarks can be made without the express authorization of Racheli, which reserves its rights to any legal remedies against unauthorized use of its trademarks.


C. PRIVACY STATEMENT
This page contains the terms by which our web site is managed with regards to the treatment of personal data of the users who consult it.
This information statement is made in accordance with the Italian legal requirements provided in Art. 13 Law Decree. no. 196/2003 – Code on the Protection of Personal Data  - to all those users who interface with the information services rendered by Racheli, accessible by Internet at the URL: http://www.racheli.it
This information statement is made exclusively for this web site and not for other web sites which may be consulted by using a link contained herein.

THE HOLDER OF THE PROCESSED DATA
Pursuant to the use and consultation of this web site the holder may use and process data pertaining to identified or identifiable persons. The holder in the present case is Racheli S.r.l., having its registered place of business at Viale S. Michele del Carso 4, - 20144 Milan, Italy.

LOCATION OF THE PROCESSING
The processing of data collected from users of this web site is carried out solely by personnel of Racheli normally entrusted with this task by the Holder, or by persons from time to time requested to carry out maintenance of the web site. 
No data collected from users of this web site is communicated to third parties unless in the normal course of professional services rendered by the Holder.
The personal data obtained from users are used only for the purpose of responding to requests for information from users.

TYPE OF DATA PROCESSED
The information systems and software procedures put in place for the functioning of this web site acquire, in the course of their normal operation, certain personal data the transmission of which is implicit in the use of Internet communication protocols.

This data is not collected with the purpose of being associated to identified interests, but that could, by their own nature, by means of processing or association with data held by third parties, lead to identifying the users.
This category of data will usually include IP addresses or the domain names of computers employed by users who connect themselves to the web site, the URI (Uniform Resource Identifier) addresses for the requested resources, the time of the query, the method used in submitting the query to the server, the size of the file obtained in the reply, the numerical code identifying the status of the reply given by the server (ok, error, etc.) and other parameters relating to the operating system and the IT environment of the user.
The optional, explicit and voluntary sending of e-mails to the addresses indicated on this website entails the subsequent acquisition of the address of the sender, which is necessary to reply to requests, as well as any other personal data contained in these messages.

COOKIES
No personal data of a user is acquired by the web site.
Cookies are not used to send information containing personal data.  The web site does use persistent cookies as a system to trace users.
The use of session cookies (that are not saved for a long time on the user’s computer and are deleted at the browser’s closure) is strictly limited to the transmission of session identifiers (constituted by casual numbers generated by the server) that are necessary to consent a safe and efficient necessary exploration of the web site.
The aforementioned session cookies used in this web site avoid the need to recur to other computer technology which may be detrimental to the confidentiality of the users’ navigation and do not consent the acquisition of personal identification data of the users.

MODES OF PROCESSING
The personal data is handled using automated tools for the time strictly necessary to carry out the purpose for which they have been obtained
Specific security measures are observed to avoid the loss of data, illegal on incorrect use or unauthorized access. 

RIGHTS OF INTERESTED PARTIES
Persons referred to by personal data have the right to exercise at any time the rights provided in Art. 7 Law Decree no. 196/2003 and, in particular, to obtain the confirmation of the existence or not of such data and to know its content and origin, to verify its exactness or requests their completion, correction or updating, or to request their cancellation, the transformation in anonymous form or blocking of data dealt with in violation of the law, as well as to oppose themselves in any case, for legitimate reasons, to their processing or handling.

All request must be made to Racheli S.r.l.., Viale S. Michele del Carso, 4 – 20144 Milano, Italy. ( Tel: (+39) 02 480681 - Fax: (+39) 02 48008343 - E-mail: racheli@racheli.it)