The term “patent” refers to a “document that certifies the granting of the exclusive right of enjoyment and economic exploitation, in a given territory and for a certain period of time, of an industrial invention, of models or ornamental designs, of models or utility.”

Innovative ideas, inventions with original characteristics and concretely applicable in reality can be patented; inventions from any field of technology that are new, involve an inventive activity, and are capable of industrial application are subject to patenting.

Each State protects invention rights differently. In our legal system, this matter is governed by the civil code, but especially by special laws among which the Industrial Property Code is of great importance

On August 23, 2023, the reform of the Industrial Property Code came into effect, a significant step for the protection of intellectual property rights in Italy, pursuing several objectives, including: strengthening the competitiveness of the country's system, protection of industrial property, simplification of administration, and digitalization of procedures.

This reform indeed introduces substantial changes to the existing regulatory framework.

The main innovations concern:

  • Simplifications and clarifications: the reform introduces a series of clarifications regarding the administrative procedures for granting industrial property titles and opposing trademark registration;
  • administrative sanctions: the fine has been increased for those who place false indications on a patented object, helping to discourage improper behavior;
  • military secrecy: the period of military secrecy for patent applications has been shortened from 90 to 60 days;
  • protection of geographical indications: the reform strengthens the protection of geographical indications against imitative phenomena;
  • coexistence of Italian and European patents: it is now possible to have an Italian patent and a European patent, developing the coexistence of different forms of protection;
  • right to patent one's own inventions: the right to patent inventions made by their researchers is returned to universities and public research institutions, in the fulfillment of their employment contract, that is, within the scope of their institutional research;
  • protection of designs and models: during trade fairs, designs and models can enjoy temporary protection;
  • payment of patent fees: it is possible to postpone the payment of patent fees, recognizing their protection from the date of filing the application.

In summary, the reform aims to make the Italian industrial property system more efficient, transparent, and aligned with international standards, thus representing an important step to promote innovation and competitiveness of Italian businesses.
Violation of patent protection laws can have significant consequences both legally and financially; the patent holder can indeed claim compensation for damages suffered due to unauthorized use and can obtain a court order prohibiting the commercialization of products resulting from the violation.
Legally, art. 473 c.p. (Counterfeiting, alteration, or use of trademarks or distinctive signs or patents, models, and designs) punishes the involved parties with imprisonment of up to four years or a fine of up to 35,000 euros (starting from a base of 3,500 euros).

To protect the patent, one can employ a private investigator, who plays a fundamental role in the safeguarding of industrial property rights, investigating possible violations of patents, trademarks, copyrights, and trade secrets.

The private investigator provides companies with his skills and experience in order to acquire evidence related to illegal activities that harm businesses.

The main activities carried out by a private investigator include:

  • the collection of evidence to be used potentially in court: through tailing, monitoring, and field investigations, evidence is gathered to demonstrate the violation of so-called industrial property rights;
  • Consulting: the investigator can support the entrepreneur in decisions and actions to protect the patent.

Private Investigators represent a key element in the system of protection of industrial property rights, as their work allows identifying the perpetrators of violations and the methods of committing the offense, with the aim of safeguarding the Client company, its assets, and its identity.

The AIRO Institute of Private Investigations offers companies its professionalism and experience for the protection of corporate assets and the fight against trademark and product counterfeiting, as well as various forms of commercial dishonesty.

Contact us