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A patent is the means of protection of inventions. In legal terms, it is an exclusive right granted for an invention (for example, a new product or a process which provides a new way to realize a product). It shall provide protection for a period of 20 years from the filing date in the State in which it is filed. Worth noting is that the State shall provide protection to the patent in return of public disclosure of the invention, so that such invention becomes a common technical heritage, although its owner is the only individual entitled to use it from an economic point of view. As a consequence, the patent is also an instrument to create a value within the company; as a matter of fact, any patent owner shall have the right to dispose of such intangible property, he can directly exploit, sell or license it.

The patent shall give the right to prevent others form using the invention for commercial purposes; the owner may therefore prohibit third parties from producing, using, selling and importing the invention without his consent.

FEES, TIME LIMITS and PROCEDURES

In San Marino, the filing fee shall amount to 170.00 euro for a 20-page patent; any additional page shall entail an increase in the amount of 10.00 euro. The filing fee shall include the renewal fee until the third year, while from the third to the nineteenth year, such renewal fee shall vary from 70.00 to 650.00 euro.

The U.S.B.M. shall not verify either novelty or industrial applicability, or even the inventive step of the patent.

However, such requirements may be challenged in judgement at any time. It shall be the duty of the Single Court of the Republic of San Marino to decide on the validity of the title of protection.

The San Marino Law (Art. 3) provides that any public disclosure of the invention shall not nullify novelty if such disclosure has been made within 6 months before the filing date or the application priority date where it is applicable.

INTERNATIONAL PATENT (P.C.T.)

The Republic of San Marino is a member of the Patent Cooperation Treaty (PCT), which is an international convention dealt with by the WIPO (World Intellectual Property Organization), whose headquarters are located in Geneva.

A patent may be registered for the countries specified by the applicant, provided that they are members of the above-mentioned international conventions, by filing a single application in a single language (French or English) and by making a single payment in Swiss Francs.

A filing and research centralized procedure shall be activated by means of the PCT. The international application shall be subject to an international research conducted by a specialized authority, which shall issue an international research report.

The granting of a patent in any designated State shall be issued by the specific national Offices in conformity with national legislation.

Any international registration application shall be filed with WIPO.

If the international application claims priority resulting from the San Marino patent, it shall be filed with  WIPO within 12 months from the national filing date.

EUROPEAN PATENT (E.P.C.)

The Republic of San Marino is a member of the European Patent Convention as of 1 July 2009.

With the Decree Law No 22 June 2009 76 "Rules of application of the European Patent Convention (EPC)" were adopted in the main procedural rules in San Marino for the nationalization of patents granted by the EPO.