Innovation and Rights - Developing Biomedical Devices: Design, Innovation and Protection - page 39

the competent authority of the original country, rather than filing several design
applications in the countries of interest.
The phases of examination and registration will be made by the respective pat-
ent and trademark offices of each member State in accordance with the applicable
laws.
The international registration has an initial term of 5 years and is subjected to
national legislation in force in each of the designated States.
The validity of protection may be prolonged for a further period of 5 years up
to a maximum of 10-25 years, depending on the internal legislation of each coun-
try. In the United States the duration is 14 years, while in Europe, it is 25 years.
The main difference is that the Community design grants one right in the whole
territory of the EU, whereas the Hague Agreement gives the possibility to file
through one centralized application several national design applications for several
design rights.
3.2.8.4 Other Protections
In addition to the registration of the national and/or Community design, designers
can protect their products through other legal instruments.
Another form of legal protection is copyright. The law offers each EU Member
State the opportunity to rule independently with regard to the requirements for the
recognition of copyright to industrial designs.
However, Italy has amended its copyright law by removing the concept of split-
ting the artistic value from the industrial nature of the product and introducing
products with creative character and artistic value as works of industrial design.
3.3 The Patentability Requirements
There are three patentability requirements: novelty, inventive step and industrial
application.
The normative references, considering the Italian and the European law, are as
follows.
3.3.1 Novelty (Article 54: EPC)
1. An invention shall be considered to be new if it does not form part of the state
of the art.
2. The state of the art shall be held to comprise everything made available to the
public by means of a written or oral description, by use, or in any other way,
before the date of filing of the European patent application.