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Apr 26, 2019 09:28
5 yrs ago
Italian term

risulta difficilmente protetta

Italian to English Law/Patents Law: Patents, Trademarks, Copyright
I'm really having trouble figuring out what this section of a text on patents means. To me, at first it seems to say that the "structure" is already protected by a patent (X) but is also protected by the patent in question (Y), then the next part of the text seems to say that the structure is protected by "X" but is scarcely protected by "Y". To wrap it all up, the text then seems to say that the structure can be used by "Y" without any risk of copyright breach. Any help on this would be great, patents are not my strong suit!

"Tale geometria risulta protetta dal brevetto "X" ma risulta difficile argomentare che sia protetta dall'ipotetico ambito di protezione della domanda PCT "Y"."

La geometria scelta da "Y" per la realizzazione del nuovo stent è coperta dal brevetto "X" già concesso, mentre risulta difficilmente protetta dalla domanda di brevetto PCT "Y"."

"Alla luce di questo studio preliminare può essere utilizzata senza alcun rischio di infringement."
Proposed translations (English)
3 while it is hardly protected by the (PCT "Y" patent application)
3 +3 appears unlikely to be protected
4 again, it cannot easily be claimed that this is protected by
3 -2 Y's patent application has already been patented by X

Discussion

bluenoric Apr 26, 2019:
You're welcome :-D
Emily Gilby (asker) Apr 26, 2019:
This does actually make sense in the wider context of the text - thank you so much for talking it through with me!
bluenoric Apr 26, 2019:
Not really my field but one possible explanation could be that Y is arguing that he can use the patent X for the geometry because his patent Y does not cover this specific part of his new stent
Emily Gilby (asker) Apr 26, 2019:
So if it is true that it is not protected by Y and is only protected by X, how can Y say that they can use it without any risk of a breach in copyright? This is the part that confuses me - or am I reading it wrong?
bluenoric Apr 26, 2019:
the first sentence *risulta difficile argomentare che* actually means it is difficult to argue that [it is also protected by Y] (ie. it is not)

Proposed translations

4 hrs
Selected

while it is hardly protected by the (PCT "Y" patent application)

I also think that the key is that patent PCT 'Y' is under application and has not been granted yet, therefore, it is difficult to protect the geometry. However, the geometry of the new stent is covered by patent 'X', which has already been granted.

By the way, I would use geometry and not 'structure'. In patents, you always see drawings, descriptions of the geometry, embodiment, state of the art etc.

Here some examples:

DESCRIPTION OF THE PREFERRED EMBODIMENT
https://patents.google.com/patent/US4455273A/en

Images, state of the art
https://patents.google.com/patent/US5846654A/en

Anatomy of a Patent Document

-Summary page
-Drawing set
-Background of the invention
-Brief summary of the invention
-Brief description of the drawings
-Detailed description of the invention
-Claim set
https://ocpatentlawyer.com/anatomy-of-a-patent-document/
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4 KudoZ points awarded for this answer. Comment: "Thank you so much to everyone!"
-2
2 hrs

Y's patent application has already been patented by X

The way I read this is:
Y has applied for a patent but the design has already been patented by X so Y's application will be rejected as it is not a new design.

"Tale geometria risulta protetta dal brevetto "X" ma risulta difficile argomentare che sia protetta dall'ipotetico ambito di protezione della domanda PCT "Y"."

La geometria scelta da "Y" per la realizzazione del nuovo stent è coperta dal brevetto "X" già concesso, mentre risulta difficilmente protetta dalla domanda di brevetto PCT "Y"."
Peer comment(s):
disagree bluenoric : Y patent does not include the geometry, already patented by X//No, Y patent request does not include the already patented geometry
13 mins
Exactly, Y is trying to patent something X has already patented.
disagree philgoddard : You can't patent a patent application.
57 mins
No Phil, you can apply for a patent and if what you're trying to patent has already been patented your application will be rejected.
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3 hrs

again, it cannot easily be claimed that this is protected by

I think this is simply another way of saying "risulta difficile argomentare", as used in the previous paragraph.

To avoid repetition, I've said "cannot easily" instead of "it is difficult", and I also suggest adding "again".

--------------------------------------------------
Note added at 3 hrs (2019-04-26 12:46:47 GMT)
--------------------------------------------------

You could even say "cannot easily be protected".
Something went wrong...
+3
5 hrs

appears unlikely to be protected

A Collins-Sansoni dictionary answer for 'difficilmente'.

'...hardly turns out protected....' changes the emphasis to a pre-judged refusal of X's patent application that triggers a 'priority period' and is unlikely to overlap and clash with the geometrical scope of patent in question/ patent in suit? (Y) .
Reference:

http://dizionario.reverso.net/italiano-inglese/difficilmente

Peer comment(s):
agree Shera Lyn Parpia
1 day 3 hrs
Grazie and thanks!
agree Fiona Grace Peterson
1 day 19 hrs
Thanks and grazie!
agree Jo Macdonald
2 days 15 hrs
Gracias, grazie and thanks!
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