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Sergio Carluccio

has an extensive practice at Jacobacci & Partners drafting and prosecuting European and Italian patent applications relating to a broad range of engineering subject-matter in the fields of mechanics and electronics, such as industrial automation and robotics. He is often involved in the coordination of international prosecution of patent applications, with particular reference to USA, China and Japan. He is also experienced in prior art document searches and in freedom-to operate and infringement analysis and opinion-writing. He also has experience in industrial design applications and in providing tailored strategic and practical advice on all IP related needs.

Recent Articles by Sergio Carluccio

Italian Supreme Court Holds that Rights ‘On Patents’ and ‘To Patents’ are Different Legal Concepts

TPA IMPEX Spa is the owner of European parent n.567044, validated in Italy, regarding a cleaning device for household work. TPA sued DAVY Srl and SIEL srl in the first instance, accusing them of having infringed the Italian portion of the European patent. The defendants answered and counter-claimed for nullification of the the Italian portion of the European patent. The Court of first instance upheld the counter-claim of the defendants, declaring the Italian fraction of the European patent invalid with reference to most of the claims. It concluded that the defendant was entitled to manufacture and sell its cleaning devices. TPA IMPEX appealed. It asked in part that the judgment should be declared void because the inventor was not involved in the proceedings, thus violating Article 102 of the Italian Civil Procedure Code.