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How to patent an idea or invention in 2026: the definitive guide

Having an idea does not mean owning a right to that idea. Between intuition, invention, filing and patent there is a precise path. Understanding it before talking about it or investing in it can make the difference between building an asset and exposing yourself to the market.

A patent is an industrial property title that grants the holder an exclusive right over a technical invention for a defined period and territory. Obtaining one requires the invention to be new, inventive, industrially applicable and described in a sufficiently complete manner, as well as compliance with procedures, deadlines and formal requirements. For a business, however, protecting an invention does not happen in isolation: it can strengthen a unique selling proposition, become part of branding and influence marketing when innovation represents a concrete reason for choice in the market.

In Italy, in 2025 alone, 11,996 patent applications for industrial inventions were filed, 18.2% more than the previous year. A figure that shows how more and more companies now treat innovation as an asset to be protected and leveraged.

But the first misconception arises long before filing. Because an idea, on its own, cannot be patented.
An invention can be patented once that idea has become a technical solution that is sufficiently defined, new, inventive and capable of practical implementation.

There is no “world patent” to be registered with some mythical Geneva Tribunal. Instead, there are national, European and international procedures, each with different functions, costs and consequences.

That is why the right question is rarely just: How do I patent my idea?
There are in fact at least three questions to address:

Can I patent it?
Is it worth patenting?
Where is it worth protecting?

Three different decisions, each essential.
Let us find the answers together in this definitive guide.

How to patent an invention in Italy: a summary

This guide explains the system and the main decisions involved in patenting an invention. Patentability, ownership, freedom to operate and enforcement strategies depend on the specific case and, where the value or risk justifies it, require assessment by a qualified industrial property professional.
In short, however, these are the steps to follow:

  1. Avoid disclosing the solution publicly before defining your protection strategy.
  2. It turns the idea into a technical solution that can be sufficiently described.
  3. Check the state of the art and any relevant prior art.
  4. Clarify inventors, ownership and relationships with employees, consultants and partners.
  5. Choose the right instrument: patent, utility model, design, trade secret or a combination.
  6. Prepare the description, claims, abstract and any drawings, and file with UIBM.
  7. Study the search report and use the twelve-month priority period to decide on any extensions.
  8. Assess a European patent, unitary effect, PCT and individual countries based on the real geography of value.

With these points clarified, however, let us examine them in greater depth, so as to understand each step better and answer any doubts or questions on the subject.

Can you patent an idea?

In strictly legal terms, no.

A patent protects an invention. This is because an idea (“I would like to make a water bottle that automatically keeps water at the user’s preferred temperature”) does not necessarily describe a patentable invention yet.

A specific system made up of sensors, thermal elements, a control architecture and a new method for regulating temperature, on the other hand, might be, provided it meets the requirements set out in the legislation.

The Italian patent framework protects inventions in any field of technology that are new, involve an inventive step and are susceptible of industrial application.

The entire process that follows depends on this distinction.

Patent law protects a defined technical solution. The mere wish to achieve a result does not.

What it means to hold a patent

A patent grants its holder an exclusive right which, in the territory where the title has effect, makes it possible to prevent third parties from carrying out certain activities falling within the scope of the claims, within the limits laid down by law.

In the case of a product, the holder may, within the limits laid down by law, prohibit third parties from manufacturing, using, marketing, selling or importing it without authorisation.

In the case of a process, protection covers the use of the process and, under the conditions set out in the legislation, the products obtained directly by means of it.

This introduces an important distinction.

Holding a patent does not necessarily mean having the right to use one’s own invention freely.

There may be earlier third-party patents covering technologies needed to put it into practice.

Above all, a patent confers the right to exclude others from the scope protected by the claims.

Which is precisely why the quality of the claims becomes decisive.

The four fundamental requirements of a patentable invention

1. Novelty

The invention must be new with respect to the state of the art.

Put simply, what you want to patent must not have been made available to the public before the relevant filing or priority date.

The state of the art can include earlier patents, scientific publications, products, manuals, conferences, online documents and other disclosures accessible to the public.

The concept is not limited to what has previously been patented.

Something that someone has simply published can also become relevant.
And this is where one of the most dangerous mistakes an inventor can make arises: disclosing too early.

2. Inventive step

Being new is not enough.

The solution must also involve an inventive step that would not be obvious to a person skilled in the art in light of the state of the art.

Changing the colour of an existing component is unlikely to involve an inventive step.

Combining known technologies can sometimes be inventive, but only when the overall solution does not follow obviously from prior knowledge.

WIPO identifies novelty, inventive step and industrial applicability as among the core conditions of patentability.

3. Industrial application

The invention must be capable of being made or used in an industrial activity.

In patent law, the concept of industry is interpreted broadly.

A pure theory with no possibility of practical application does not meet the requirement.

4. Sufficient disclosure of the invention

The application must explain the invention clearly and completely enough for a person skilled in the field to carry it out.

This requirement creates a trade-off at the heart of the entire patent system.

The inventor makes their technical knowledge public.

In return, if the patent is granted and remains valid, they obtain temporary exclusive protection.

What cannot be patented

The Industrial Property Code excludes several categories, considered as such.

These include:

  1. discoveries;
  2. scientific theories;
  3. mathematical methods;
  4. schemes, rules and methods for performing mental acts;
  5. rules and methods for games;
  6. methods for doing business;
  7. computer programs as such;
  8. mere presentations of information.

Further exclusions also apply, including certain therapeutic, surgical and diagnostic methods practised on the human or animal body.

The wording “as such” is, however, crucial.

It is precisely within this expression that a significant part of the patentability of digital inventions lies.

Can software be patented in 2026?

Software considered merely as a computer program falls among the excluded subject matter.

This does not mean that any innovation achieved through software is automatically outside the patent system.

In the EPO’s approach, software, algorithms and mathematical models can contribute to a patentable invention when the claimed features take part in the technical solution to a technical problem. The EPO Guidelines on computer-implemented inventions remain the operational reference for assessing the technical character of the solution as a whole.

When examining so-called computer-implemented inventions, the assessment therefore covers the technical character of the solution as a whole and the contribution that the features of the invention make to the technical solution.

This is why statements such as “Apps cannot be patented” or “You just need to put an algorithm inside a product to patent it” are both too simplistic.
It depends on what the system does technically and on how the claimed invention is constructed.

And what about artificial intelligence?

In 2026 the topic is more central than ever.

Machine learning models, neural networks, classifiers and other AI algorithms are, taken in isolation, mathematical constructs.

The use of artificial intelligence does not automatically make a solution patentable or unpatentable. The 2026 EPO Guidelines on AI and machine learning state that AI algorithms and models, considered in the abstract, are mathematical in nature; they become relevant for patent purposes when they make a technical contribution to solving a technical problem and the other requirements are met.

When the method involves technical means and its features contribute to producing a relevant technical effect, patentability can be assessed under the normal criteria applicable to computer-implemented inventions.

An AI system that technically optimises the operation of a machine therefore raises very different questions from an algorithm that merely suggests which advertised product to show a customer.

Protecting a project does not necessarily mean patenting it.

You need to understand which asset you want to protect.

What you want to protect Potentially relevant tool
A new technical solution Patent for invention
A functional improvement to certain categories of objects Utility model
The aesthetic appearance of a product Registered design
Name, logo or other distinctive sign Trademark
Original software code, texts, images and other works Copyright
Confidential business information and know-how Trade secret
A combination of these elements Integrated IP strategy

The distinction is particularly important for new products.

A single innovation may have a name protected as a trade mark, a shape protected as a design, a technical solution covered by a patent, software protected by copyright and know-how kept secret.

Intellectual property rarely comes down to a single right.

Invention patent and utility model: what is the difference?

Italy also has the utility model patent.

According to MIMIT, an industrial invention concerns a new and original solution to a technical problem and can last for a maximum of twenty years from the filing date.

A utility model, by contrast, concerns models capable of giving particular effectiveness or ease of application or use to machines or their parts, and can last ten years.

In practice the distinction can become technical and should be assessed for each individual invention.

The utility model can, however, be a useful tool when the innovation concerns mainly the functionality or practical configuration of an object.

First rule: do not disclose the invention before deciding how to protect it

Many patent strategies are compromised before they even begin (and in the age of social media, this is truer than ever).

In certain circumstances, a public disclosure made before filing can become part of the prior art and destroy the novelty required to obtain a patent.

The most prudent course is therefore to treat the invention as confidential information until the protection strategy has been defined.

Confidentiality requires, above all, control over who has access to the disclosure and when.

It means controlling who sees what, when and on what terms.

Do you need an NDA?

When the invention has to be shown to potential partners, manufacturers, investors, advisers or suppliers before filing, a non-disclosure agreement can be one of the useful tools.

The NDA should identify the confidential information with sufficient precision, set out which uses are permitted, govern disclosure to further parties and specify its duration and the consequences of breach.

But an NDA is no substitute for a patent.

Its main purpose is to govern the relationship between parties who have legitimate access to the information.

WIPO lists NDAs, confidentiality clauses, access controls and organisational and technological measures among the tools available to protect confidential information and trade secrets.

Patent it or keep it all secret?

This is a far more strategic decision than it appears.

A patent requires, sooner or later, disclosure of the invention. Trade secrecy follows a different logic.

Information can continue to be protected as a trade secret as long as it remains confidential, has commercial value precisely because it is secret, and reasonable measures are taken to keep it so.

The advantage is clear: protection has no fixed term, unlike a patent.
The risk, however, is equally clear.

A trade secret generally does not allow you to prevent a competitor from using the same solution if they developed it independently or discovered it lawfully through reverse engineering.

The question therefore becomes: “How easy is it to work out how our invention functions by examining the product?”
An industrial process carried out inside a plant can sometimes be kept secret for many years.

The mechanism inside a product sold to millions of people may be much easier to analyse.

Prior art search: finding out what already exists

Before investing seriously in a filing, it is advisable to understand the state of the art.

A prior art search is used to identify patents, applications and other documentation that could anticipate the invention or make it obvious.

A common mistake is to search only for the identical product.

The search should also identify documents containing individual relevant technical features, or combinations capable of affecting the assessment of inventive step.

Available tools include the UIBM database, the European Patent Office’s Espacenet and WIPO’s PATENTSCOPE. An initial search of your own can help you get your bearings; as the investment or the risk grows, a professional search becomes far more important.

The UIBM database allows, among other things, searches by title, description, inventor and applicant.

An initial search of your own is useful.

A professional search, however, becomes far more important as the investment, the economic value or the risk of infringing third-party rights increases.

Patentability searches and freedom to operate are not the same thing

Take note, because this distinction deserves careful attention.
A patentability search seeks to establish whether your invention has potentially new and inventive features.
A freedom to operate analysis (often referred to as FTO) addresses a different question: “Can we commercialise this product in the markets we are interested in without infringing valid third-party patents?”

This can lead to a paradoxical situation. A company may obtain a patent on an improvement and, at the same time, need a licence under an earlier patent to commercialise the complete product.

How a patent application is structured

MIMIT lists the following among the essential documents:

  1. application form;
  2. description;
  3. claims;
  4. any technical drawings;
  5. abstract;
  6. for Italian industrial inventions, an English translation of the claims if you wish to benefit from the EPO search free of charge.

Each has a different function.

Description

It explains the invention.

It should set out the technical field, the problem addressed, the known state of the art, the solution, the ways of implementing it and any examples.

Drawings

They are needed when they help to understand the invention.

In many mechanical inventions they become essential to the readability of the application.

Abstract

It provides a summary of the invention.

Claims

They are the economic and legal core of the application. They define what protection is being sought for.

Two applications may describe the same machine over dozens of pages and have completely different patent value depending on how the claims have been drafted.

Drafting them too narrowly can allow competitors to design around the patent easily.
Drafting them too broadly can leave them vulnerable to the prior art or to objections from the office.

This is one of the reasons why filing on your own is possible, but not always strategically advisable.

Can I file a patent without an adviser?

In Italy, the application can be filed directly by the applicant.
There is therefore no general obligation to use a patent attorney to file a standard Italian national application.

A business would do well to add an economic question: “How much is what we are trying to protect worth?”

Cutting costs on drafting an application meant to protect a technology set to generate millions of euros can be one of the most expensive savings of the entire project.

An industrial property adviser can help with the search, setting the strategy, drafting the claims and handling correspondence with the offices.

Who is the inventor and who is the proprietor?

Inventor, applicant and proprietor may be different parties.

The inventor retains the moral right to be recognised as the author of the invention.
The economic rights, by contrast, may belong or be transferred to other parties.

This is particularly important within companies.
The Industrial Property Code specifically governs inventions made by employees. Where inventive activity is the subject of the employment relationship and is remunerated for that purpose, the economic rights generally belong to the employer, without prejudice to the inventor’s right to be recognised as the author. Different rules apply to other cases of employee inventions.

For founders and companies, this means that ownership of the innovation should be verified before filing, not after finding an investor or a buyer.

Contracts with employees, consultants, developers, universities and research partners therefore deserve specific attention.

How to file a patent in Italy in 2026

The competent office is the UIBM, the Italian Patent and Trademark Office, part of the Ministry of Enterprises and Made in Italy.

An Italian application can be filed online, through a Chamber of Commerce or by the other methods permitted by MIMIT.

  1. online;
  2. through a Chamber of Commerce;
  3. through the other submission methods provided for by MIMIT.

Online filing is generally the simplest and most cost-effective route.

How much does it cost to patent an invention in Italy in 2026?

The cost of the public filing alone is much lower than is often assumed.

For an Italian application filed online, the filing fee indicated by MIMIT for 2026 is 50 euros for up to ten claims. Without the English translation of the claims required to benefit from the free EPO search, a search fee of 200 euros is payable. Further items depend on the filing method and the structure of the application.

Beyond the tenth claim, an additional fee of 45 euros applies for each claim.

The paper procedure involves amounts that increase with the size of the documentation, plus additional administrative fees.

To benefit from the free EPO search, an English translation of the claims is also required; without the translation, the corresponding search fee of 200 euros is payable.

Main entry Indicative 2026 amount
Online filing of an invention patent application €50
Each claim beyond the tenth €45
Search in the absence of the required English translation €200
Paper filing up to 10 pages €120
Paper filing, 11 to 20 pages €160
Paper filing, 21 to 50 pages €400
Paper filing over 50 pages €600

These, however, are official fees.

The real cost of a patent strategy may include advisory fees, prior art searches, professional drafting, translations, responses to patent offices, international extensions, validations and maintenance.

This is why saying that “patenting costs 50 euros” would be correct in terms of a single fee and entirely misleading from a business perspective.

How much does it cost to maintain an Italian patent?

An Italian patent for an invention can last twenty years from the filing date.

From the fifth year, annual renewal fees must be paid.

The amounts currently set increase progressively: 60 euros for the fifth year, 90 for the sixth, 120 for the seventh, rising to 650 euros a year from the fifteenth to the twentieth.

The twenty-year term is therefore a maximum, subject to maintaining the title and paying the related fees.

What happens after filing

Filing establishes a key date: the filing date.

From that point, the examination process begins.

For Italian patent applications for inventions, the procedure includes a prior-art search carried out by the EPO and subsequent examination by the UIBM.

The search report and the opinion on patentability allow the applicant to understand which prior documents have been identified and what issues may arise regarding novelty and inventive step.

The application is normally published eighteen months after the filing date or the priority date, except where early publication applies.

Publication is also the moment at which the technical content becomes available to the public.

The twelve months that can change your international strategy

After a first filing, there is a crucial window.

The Paris Convention grants patents a priority period of twelve months.

Within that period, further applications can be filed in other countries, or regional or international routes can be used, claiming the priority of the first application.

Subsequent applications are thus treated, for the subject matter covered by valid priority, by reference to the date of the first filing.

In strategic terms, this often creates a sequence like this:

Month 0: first filing
By month 12: decision on international extension

That period can be used to analyse the search report, develop the product, talk to investors, validate the market and decide which countries genuinely matter.

European patent: how it works

A company seeking protection in several European countries can use the centralised procedure of the European Patent Office.

The EPO currently has 40 member states, and through extension and validation mechanisms the system makes it possible to reach an even wider range of territories.

The main advantage lies in the centralised search and examination procedure.

Once granted, however, the traditional European patent takes effect in the chosen countries according to their respective validation and maintenance mechanisms.

This means that a European patent is not necessarily a single, indivisible patent valid in the same way throughout Europe.
And this is precisely where the unitary patent comes in.

What the unitary patent is

Since 2023 the European patent with unitary effect system has been in operation.

After a European patent is granted, the proprietor can request unitary effect, obtaining uniform protection in the participating countries covered by the system at that time.

As at 7 September 2026, the Unitary Patent covers 18 European Union Member States: Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Romania, Slovenia and Sweden.

Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Romania, Slovenia and Sweden.

It therefore does not coincide with the entire European Union.

Nor does it coincide with all the States party to the European Patent Convention.

The choice between a traditional European patent with national validations and unitary effect depends on the geography of the business, costs, the value of the technology and also litigation strategy.

What is the Unified Patent Court

The unitary system is linked to the Unified Patent Court, or UPC.

It is a judicial system shared by the participating countries, handling disputes over European patents and unitary patents within the limits of its jurisdiction.

The ability to obtain decisions with very broad territorial effect is a major advantage for anyone seeking to enforce a patent.

But it also introduces a risk to consider: a dispute over the validity of the title can take on a far larger dimension than a single national proceeding.

The choice of patent structure should therefore also be treated as a risk decision, not merely as an administrative formality.

Is there such a thing as an international patent?

This is probably the question that causes the most confusion.

There is no single worldwide patent.

What does exist is the Patent Cooperation Treaty, PCT.

The Patent Cooperation Treaty (PCT) allows you to file a single international application that has procedural effect in the member countries and defers many decisions on entering the national or regional phases. Final grant remains with the competent national or regional offices.

As of August 2026, with the accession of the Bahamas, the PCT system comprises 159 Contracting States.

Ultimately, however, it will still be the competent national or regional offices that decide on granting patents in their respective territories.

What does Geneva have to do with it?

A great deal. But not in the way it is often described.

Geneva is home to the World Intellectual Property Organization, WIPO, the United Nations agency responsible for intellectual property.

WIPO administers the PCT system.
An applicant who meets the necessary requirements may also file an international application directly with the WIPO International Bureau as receiving office.

This is probably where the colloquial expression comes from:

“I filed the idea in Geneva.”

Technically, however, it is an imprecise formulation.

What is filed is an international application under the PCT. And that application does not automatically become a worldwide patent.

And what about the famous “Geneva Court”?

Here too, there is a real element that is often turned into the wrong story.

WIPO has an Arbitration and Mediation Center, whose activities also cover disputes over patents, technology, software, research and development and other intellectual property rights. It is an ADR system, not an office where an idea can simply be registered.

It is an arbitration and mediation centre.

It is not the place to go to “register an idea”.

Nor is it a world court capable of granting a patent that is valid everywhere.

How the PCT works in practice

A common sequence might be as follows:

0 months

Filing of the first national or European application.

Within 12 months

Filing of the PCT application claiming priority.

International phase

The international search is carried out and an opinion on potential patentability is prepared.

Generally within around 30 months of the priority date

The applicant decides in which countries or regions to enter the national or regional phase.

Above all, the PCT buys time and strategic options; final protection will then depend on the territories in which the applicant decides to proceed.

How much does a PCT application cost in 2026?

The international filing fee under the PCT is 1,330 Swiss francs, to which amounts may be added for excess pages, the international search and the receiving office used.

Reductions apply in certain circumstances and for some forms of electronic filing.

The truly significant cost, however, comes later.

On entering the national phases, the fees and any translation and representation costs required in the various countries must be paid.

Genuinely protecting an invention in many jurisdictions can therefore require very substantial investment.

How much does a European patent cost in 2026?

As of 1 April 2026, the main EPO fees have been updated. The Administrative Council decision published in the EPO Official Journal sets out the amounts applicable to the main stages of the European procedure.

EPO item Amount
Online filing €135
European search €1.595
Designation €720
Examination €2.010
Grant and publication €1.135

These may be joined by fees for additional pages and claims, renewal fees, translations, advisory fees and post-grant costs.

The difference compared with an Italian filing becomes clear.

That is why the geography of protection should follow the geography of value.

In which countries is it worth filing a patent?

“Everywhere” is rarely a good answer.

For each territory it would be useful to analyse at least:

  1. expected volume of sales;
  2. presence of competitors;
  3. place of production;
  4. likelihood of the product being copied;
  5. actual ability to enforce the patent;
  6. the cost of protection;
  7. commercial lifespan of the technology;
  8. presence of partners or licensees;
  9. fundraising strategy;
  10. the likelihood that the patent will increase the company’s value.

A patent in the United States may be fundamental for one company and irrelevant for another.

The same applies to China, Japan, Korea, Europe and any other market.

The patent portfolio should follow corporate strategy. When patents and other intangible assets affect the value of an acquisition, the issue also intersects with Brand Advisory M&A and, more broadly, with the governance of the intangible assets that accompany a transaction.

Patents and investors

For startups and technology companies, an investor’s due diligence can go far deeper than the simple question:

“Do you have a patent?”

It may cover:

  • who actually owns the technology;
  • whether all inventors have been correctly identified;
  • whether consultants and employees have assigned the necessary rights;
  • whether there is problematic prior art;
  • in which countries protection is effective;
  • how much of the patent term remains;
  • how broad the claims are;
  • whether third-party patents exist that limit freedom to operate;
  • whether the renewal fees have been paid;
  • whether the portfolio matches the markets in which the company intends to grow.

Intellectual property therefore also becomes a governance issue. In investment and M&A transactions, verifying ownership, prior art, FTO, expiry dates and portfolio geography may form part of a broader Due Intelligence exercise, because a patent is worth only as much as the right is genuinely transferable, defensible and consistent with the deal thesis.

The six most common mistakes when seeking to patent an invention

1. Disclosing it before filing

Premature disclosure can compromise novelty.

2. Searching only on Google

An ordinary online search is no substitute for a patent search.

3. Writing the claims like a sales description

Claims serve a precise legal function.

4. Patenting in too many countries, or too few

An oversized portfolio can become a costly structure to maintain, while an undersized one overlooks valuable markets.

5. Confusing patentability with freedom to commercialise

Holding your own patent does not automatically neutralise other people’s patents.

6. Forgetting deadlines

Priority, annuities and international phases are governed by strict deadlines.

 

When it might be better not to patent

There are cases in which a patent may not be the best choice.

For example, when:

  • the technology is set to become obsolete very quickly;
  • infringements are hard to detect;
  • the know-how can genuinely be kept secret;
  • the commercial value is too low relative to the costs;
  • the solution does not meet the requirements for patentability;
  • publishing the application would hand competitors information that would be hard to obtain otherwise;
  • other intellectual property rights are more suitable.

Consciously forgoing a patent can be a strategy.

Ignoring the issue of intellectual property rarely is.

Brevetti+ 2026: incentives for SMEs

There is also an economic variable to monitor.

On 31 August 2026, the Ministry of Enterprises and Made in Italy announced the allocation of new resources for Brevetti+, Disegni+ and Marchi+. €20 million has been earmarked for Brevetti+, out of a total budget of €32 million for the three measures.

€20 million has been earmarked for Brevetti+ 2026, out of a total budget of €32 million for the three measures. As at the date this guide was updated, MIMIT had announced that the new calls would be issued within the following thirty days.

For an SME that holds a patented technology or a qualifying application, checking the eligibility requirements of the new edition may therefore become part of planning how to exploit the title.

Checklist: what to do if you have an invention today

Step 1. Stop disclosure

Avoid uncontrolled publication and sharing.

Step 2. Document

Describe the technical problem, solution, variants, drawings, tests and people involved.

Step 3. Clarify ownership

Identify inventors, companies, employees, consultants and partners.

Step 4. Search the prior art

Carry out an initial search and, where the value justifies it, have it deepened professionally.

Step 5. Choose the protection

Patent, utility model, design, copyright, trade mark, trade secret or a combination.

Step 6. Prepare the application

Build the description and claims.

Step 7. File

Establish the first filing date.

Step 8. Study the search report

Understand how defensible the invention really is.

Step 9. Decide within twelve months

Assess Europe, PCT and strategic countries.

Step 10. Manage the patent as an asset

Renewals, enforcement, licences, partnerships, investors and portfolio.

How long does it take to patent an invention?

There is no single timeframe.
Filing can take place as soon as the application has been properly prepared.

Grant, by contrast, requires a search and examination procedure and can take years.

The key point is to distinguish between filing and grant.

When a company says “we have patented this technology”, it may technically be referring to an application that is still pending.

The wording “patent pending” indicates precisely that an application has been filed, but that the patent has not necessarily been granted yet.

Can a patent be sold?

Yes. The economic rights arising from inventions are transferable.

The owner can therefore assign the patent or grant licences allowing third parties to exploit the technology on agreed terms.

A licence may specify territories, fields of application, duration, exclusivity, royalties, guaranteed minimums and numerous other conditions.

In some business models, the patented technology is manufactured directly. In others, the company may build value mainly through licensing and partnerships.

What happens if someone copies a patented invention?

First, it is necessary to verify whether the contested conduct actually falls within the scope of the valid claims and the territory covered by the patent.

Mere similarity between two products is not enough.

In the event of potential infringement, cease-and-desist letters, negotiations, licences, interim measures and court proceedings may come into play.

In international disputes, mediation or arbitration may also be used, where appropriate and accepted by the parties.

WIPO has an Arbitration and Mediation Center specialising in disputes relating to intellectual property and technology.

From patent to strategy

The simplest part of a patent may be the filing.

The hard part comes before and after.

Before, you need to understand what is truly worth protecting.

After, you need to decide where to protect it, how much to invest, how to defend it and, above all, how to turn it into an economic advantage.

Because a patent can stop a competitor from crossing a border.

But first you must have chosen which border is worth defending.

 

This guide is updated to September 2026 and is for information purposes only. Patent law depends on the territory, the nature of the invention and the specific circumstances. For decisions on filings, ownership, validity, infringement or international strategies, you should consult a qualified industrial property professional.

Domande frequenti

Can you patent an idea?

A mere abstract idea is not enough. It must be developed into an invention that can be described in technical terms and meets the patentability requirements.

How much does it cost to patent an idea in Italy?

In 2026, the fee for an online Italian patent application for an invention starts at 50 euros for up to ten claims. The total cost can be much higher once advice, searches, drafting, extensions and renewals are taken into account.

Where is a patent filed in Italy?

At the UIBM, the Italian Patent and Trademark Office, including via the online filing system or through the Chambers of Commerce, in accordance with the prescribed procedures.

How long does a patent last?

An Italian invention patent can last twenty years from the filing date, provided the required conditions are met and the annual fees due are paid. A utility model can last ten years.

Can I patent an app?

It depends on the technical solution. A computer program as such is excluded, whereas a software-implemented invention may be patentable when it meets the applicable requirements and has the necessary technical character.

Can I patent an artificial intelligence algorithm?

A mathematical model or abstract algorithm does not become patentable simply because it uses AI. An AI-based solution can, however, fall within the scope of patentable inventions when it makes a technical contribution to solving a technical problem and meets the other requirements.

Is there a European patent?

Yes. The EPO runs a centralised procedure for granting the European patent. After grant, you then need to decide in which territories the patent should take effect, according to the chosen system.

What is the unitary patent?

It is a European patent which, after grant, is given unitary effect in the participating countries covered by the system. As of September 2026, it covers 18 EU States.

Is there a worldwide patent?

No. The PCT offers a single initial international procedure, but the patent is ultimately granted by the competent national or regional offices.

What is filed in Geneva?

Geneva is home to WIPO. The International Bureau can act as a receiving office for PCT international applications. However, you do not simply file “an idea” with a world court.

Is there a Geneva Patent Court?

WIPO has an Arbitration and Mediation Center that handles IP and technology disputes, but it is not a world court where ideas can be registered or universal patents obtained.

Do I need to have built a prototype already?

Not necessarily. The application must, however, describe the invention clearly and completely enough to enable a person skilled in the art to carry it out.

Is it better to patent before seeking investors?

In many cases it is advisable to define at least the protection strategy before disclosing the invention freely. The right approach, however, depends on the technology and on how the meetings take place.

Is an NDA enough to protect an idea?

No. An NDA governs confidentiality between the parties. It does not create the territorial exclusive right typical of a patent.

If someone independently invents the same thing, can they use it?

If a valid patent covers that solution in the relevant territory, independent invention does not automatically extinguish the holder’s rights. The situation is different for trade secrets, which generally do not prevent the use of independently developed information.

What is the difference between a patentability search and Freedom to Operate?

A patentability search assesses whether the invention has potentially new and inventive elements compared with the state of the art. A Freedom to Operate analysis, by contrast, checks whether commercialising a product or process in specific territories could infringe valid third-party patents. The two analyses answer different questions and may both be necessary.

When might a trade secret be preferable to a patent?

It can make sense when the know-how can genuinely remain confidential, is hard to reconstruct through reverse engineering, and its expected commercial lifespan exceeds patent protection or makes it unattractive. The choice does, however, require concrete confidentiality measures and means accepting the risk of independent development by third parties.

Does a patent last twenty years from the day it is granted?

No. For an Italian invention patent, the term is calculated from the filing date of the application. The time taken by examination is therefore included in the twenty years. This is one of the reasons why a technology with a very short commercial cycle should also be assessed strategically before embarking on a costly international procedure.

Fonti e riferimenti
  1. Ministero delle Imprese e del Made in Italy (MIMIT), Report Brevetti: +18,2% nel 2025
  2. Ministero delle Imprese e del Made in Italy (MIMIT), Brevetti: invenzioni industriali e modelli di utilità
  3. European Patent Office (EPO), Guidelines for Examination in the EPO 2026
  4. European Patent Office (EPO), Artificial intelligence and machine learning - Guidelines 2026
  5. European Patent Office (EPO), Espacenet - patent search
  6. European Patent Office (EPO), Unitary Patent
  7. European Patent Office (EPO), Decision of the Administrative Council of 11 December 2025 - fees from 1 April 2026
  8. World Intellectual Property Organization (WIPO), PCT - The International Patent System
  9. World Intellectual Property Organization (WIPO), PCT Highlights
  10. World Intellectual Property Organization (WIPO), PATENTSCOPE
  11. World Intellectual Property Organization (WIPO), WIPO Guide to Trade Secrets and Innovation - Trade secret management
  12. World Intellectual Property Organization (WIPO), Arbitration and Mediation Center
  13. Ministero delle Imprese e del Made in Italy (MIMIT), Programmazione fondi 2026 per Brevetti+, Disegni+ e Marchi+
  14. Bliss, Due Intelligence: cos’è, come funziona e perché riduce il rischio nelle decisioni aziendali
  15. Bliss, Brand Advisory M&A
  16. Bliss, Competitive Intelligence: cos’è e come analizzare davvero i competitor
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