Patent registration in San Marino. San Marino, officially the Republic of San Marino, also known as the Most Serene Republic of San Marino, is a small country in Southern Europe enclaved by Italy. San Marino is a developed country. San Marino’s per capita GDP and standard of living are comparable to that of Italy. Key industries include banking, electronics, and ceramics. The main agricultural products are wine and cheese. San Marino imports mainly staple goods from Italy. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of patent registration in San Marino.
Patent in San Marino
According to San Marino law, a patent in this country is a grant of a property right given by the Government to an inventor. With a patent, the inventor, or the patentee will have the right to exclude others from making, using, offering for sale, selling the invention in a country, or importing the invention into a country, along with other rights to protect their best interests.
To be patentable in San Marino, an invention must satisfy the requirement of new, inventive, and industrially applicability.
In addition, an invention that is patentable can also be an improvement on existing items or methods.
The novelty grace period in San Marino is 6 months from the filing date. This means that the patent application will not be nullified by the IP Office if it is filed within 6 months from the public disclosure.
On the other hand, the subjects that are unpatentable in San Marino are:
- Discoveries, laws of nature, and mathematical methods;
- Aesthetic designs;
- Systems, rules, and methods for the performance of mental labor, games or management, computer programs;
- Presentation of data and abstract ideas.
Necessary documents for patent registration in San Marino
The necessary documents for patent registration in San Marino include:
- The request to grant a patent (patent application);
- Detailed information on the applicant(s) including the applicant’s names, addresses, etc.;
- A description of the invention;
- A signed and stamped power of attorney by the applicant(s);
- A copy of the amendments (if any);
- Priority documents (if any).
- Other required documents.
The procedure for patent registration in San Marino
To obtain a patent in San Marino, the applicant needs to file their patent application to the IP Office of San Marino.
It should be noted that, unlike many countries, San Marino doesn’t verify the 3 common requirements of an invention to be patent-protected, including novelty, inventive step, and industrial applicability.
However, such requirements may be challenged in judgment at any time.
The Single Court of the Republic of San Marino has the duty and responsibility to decide on the validity of the title of protection.
If there are no problems in the application, the patent will be granted to the applicant provided that the filing fee has been paid.
In this jurisdiction, the filing also includes the maintenance fee until the 3rd year.
The Republic of San Marino is a member of the Patent Cooperation Treaty (PCT). Therefore, the applicant can also register their invention through the PCT to obtain protection.
You can see a list of San Marino IP firms here.