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Law of Industry - Patents and classification of drawings and specimens as means of protection of the study and evolution action:
Before dealing with the subject of patents and the classification of drawings and specimens, it would be appropriate to talk about inventions and now it is not the moment; just remember that the invention is not just an advantage, but something larger, the result of research and training. The invention is the result of the study.
"Additional factor" that allows the entrepreneur to have or at least keep parts of the market in a framework characterized by an increasing competition. The entrepreneur who, with the study action, is able to implement a new conception of his profession, obtains an advantage of competition in relation to the other protagonists of the same context.
If previously the renewal in technology has sometimes been a random episode and in any case has always been achieved with scientific study and in the operational field, it is currently necessary to understand that much of the research is encouraged and financed by the company, and is already born with economic purposes.
The growth is based on two elements: research and protection of the research that is obtained (also) with the legal institutions of the patent and the classification of drawings and specimens. It is clear that funding for research and development would be totally in vain if we allowed people other than those who produced them to use them and obtain profits.
Here, therefore, the right, by means of instruments such as patent and classification, protects the producer by assigning him the right to use exclusively the result of his own study action for a specific period.
In short, these legal instruments do nothing but place their owner in a position of "temporary exclusivity" by not allowing other people to get hold of and obtain benefits from its development. The patent and the classification therefore constitute the reward for the invention action; instruments of surprising importance that not only protect the inventor, but the society as a whole, guaranteeing a continuous and solid technological development.
In fact, it is easy to understand that in the event that the possibility of using his creation for a specific period was not guaranteed to the producer, he would have no interest in its diffusion and indeed no one would put many resources at the disposal of the research. In practice, it can be said that the patent and the classification of drawings and specimens are agreements with the community, in which the inventor confers to it his inventiveness and as a reward he obtains the right to exploit it exclusively for a specific period.
With an adequate explanation of the invention (a parameter that must exist obligatorily in the patent application), the inventor takes part in the technological innovation of the community; when the patent expires everyone will have the right to use and readjust his invention.
For the company, the patent and classification are unknown and indecipherable factors; Italy does not belong to the countries of innovation, or rather it is in the last positions in the rankings, at the end of the ranking of patents, number 47 in the list of competitiveness.
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It is an inadmissible state for a country known all over the world for the specificity of its products and for being the State in which the greatest and most original minds were born.
If we can praise the fact that the legislation of Venice, the first among all countries, already in 1474 protected the producer, we must nonetheless measure ourselves against a current framework in which we are not winners.
The reasons for this state are many and complex. If on the one hand there are those who say that it is the nature of the national economic system - characterized in relation to foreign competitors by a large quantity of small and medium-sized enterprises and by very few large companies - to encourage this condition, on the other there are those who considers motivation in a cultural conception based on mistrust for the protection instruments provided for by the legislation.
In this paper we have defined the economic-social reasons that produce the existence of monopoly rights for the economic use of intellectual inventions.
Although we only referred to some general elements regarding the specific nature of these instruments, we nonetheless underlined the two most important aspects: the conferral of a monopoly right of use and the provisional nature of this right. In subsequent writings, we will analyze with greater precision the parameters useful for obtaining a patent and the administrative procedure that must be followed to obtain the protection of an intellectual asset.