risulta difficilmente protetta

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

09:28 Apr 26, 2019
Italian to English translations [PRO]
Law/Patents - Law: Patents, Trademarks, Copyright
Italian term or phrase: risulta difficilmente protetta
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."
Emily Gilby
United Kingdom
Local time: 05:31
English translation:while it is hardly protected by the (PCT "Y" patent application)
Explanation:
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/
Selected response from:

Stuart and Aida Nelson
United Kingdom
Local time: 05:31
Grading comment
Thank you so much to everyone!
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +3appears unlikely to be protected
Adrian MM.
4again, it cannot easily be claimed that this is protected by
philgoddard
3while it is hardly protected by the (PCT "Y" patent application)
Stuart and Aida Nelson
3 -2Y's patent application has already been patented by X
Jo Macdonald


Discussion entries: 5





  

Answers


2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -2
Y's patent application has already been patented by X


Explanation:
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"."


Jo Macdonald
Spain
Local time: 06:31
Native speaker of: Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
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   confidence: Answerer confidence 4/5Answerer confidence 4/5
again, it cannot easily be claimed that this is protected by


Explanation:
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".

philgoddard
United States
Native speaker of: English
PRO pts in category: 16
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4 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
while it is hardly protected by the (PCT "Y" patent application)


Explanation:
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/

Stuart and Aida Nelson
United Kingdom
Local time: 05:31
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in category: 4
Grading comment
Thank you so much to everyone!
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5 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +3
appears unlikely to be protected


Explanation:
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
Adrian MM.
Austria
Native speaker of: Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
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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