Author: Dr. Giovanna Del Bene
In the sequel Zootopia 2 (2025 Walt Disney Animation Studios’ movie), the theme of patents is essential to the plot. The historic protagonists Judy Hopps and Nick Wilde investigate a surprising truth: the celebrated invention of the “weather walls,” climate barriers that allow the coexistence of the different areas of the city, was not devised by Ebenezer Lynxley (a lynx), as everyone believes, but by Agnes De’Snake, a python.
Ebenezer stole her discovery and falsified the patent document, making the original disappear. All this triggered a defamatory campaign against reptiles, leading to their segregation and persecution in Zootropolis society.
Gary De’Snake (great-grandson of Agnes De’Snake), with the help of Judy and Nick, undertakes a search to recover the original patent, prove the true authorship of the invention, and thus free reptiles from discrimination.
The legal reality: how to recover a “stolen” patent
A patent grants its holder the right to prohibit third parties from implementing the invention and profiting from it within the territory in which the patent is granted. Effective protection arises only with the grant of the patent, which guarantees an exclusive right of exploitation for 20 years from the filing of the application.
It may happen that the patent holder is not also the inventor. The inventor is the creator of the idea and retains the moral right to authorship. The holder is the one who enjoys the economic and exploitation rights. The former is linked to creativity, the latter to management and economic valorization.
According to the law, the inventor retains a fundamental and inalienable moral right: to be recognized as the author of the invention (the so-called “right of paternity”). This right of paternity is distinct from the economic rights, which belong to the holder, usually the employer in the case of inventions made within a company by an employee. This prerogative ensures that the inventor’s name is always indicated in the patent; it is non-waivable, non-transferable, and may also be exercised post mortem, ensuring a permanent link between inventor and invention.
In reality, there are concrete legal instruments available to those who have suffered the theft of a patent in order to obtain recognition of their right.
Pursuant to Article 76 of the Industrial Property Code, a patent is null and void if the person who filed it was not entitled to the patent. Nullity may be established through judicial proceedings.
Pursuant to Article 118 of the Industrial Property Code, where, by a final judgment, it is established that the right to the patent belongs to a person other than the one who filed the application, the true entitled party, if the industrial property title has not yet been granted and within three months from the date the judgment becomes final, may choose whether to:
a) take over the patent application in their own name, fully assuming the status of applicant;
b) file a new patent application whose effect, insofar as its content does not exceed that of the first application or refers to an object substantially identical to that of the first application, dates back to the filing or priority date of the initial application, which in any case ceases to have effect;
c) obtain the rejection of the application.
If the patent has been granted in the name of a person other than the entitled party, the latter may alternatively:
a) obtain, by judgment, the transfer of the patent into their name with effect from the date of filing;
b) invoke the nullity of the patent granted in the name of a person who was not entitled to it.
Practical advice for inventors: preventing patent theft
The animated film teaches that prevention is easier than recovery. A properly filed patent and careful management of confidentiality are the best defense against theft and misappropriation. Below are some practical tips for protecting one’s inventions:
– before disclosing the invention, file the patent application with the competent patent office (for example, the UIBM for Italy);
– before sharing information with partners, suppliers, or investors, always require the signing of an NDA (non-disclosure agreement) to protect confidentiality;
– retain evidence and document every stage of development (for example, laboratory tests, emails, timestamped files, and so forth) in order to prove authorship of the invention;
– avoid premature disclosures: publications, presentations, or online posts prior to filing may compromise novelty and invalidate the patent;
– also protect know-how as a trade secret (Article 98 of the Industrial Property Code), by adopting internal security measures;
– rely on a qualified representative registered with the Order of Industrial Property Consultants, to choose the most appropriate protection strategy (patent, trademark, design) and manage any disputes.
Conclusion
In the film, the stolen patent is not merely an illegal act: it is the denial of a fundamental principle, namely that innovation should serve the community. In Zootopia 2, the theft of the invention deprives an entire species of opportunity and progress, showing how knowledge, if unlawfully monopolized, becomes an instrument of power rather than a common good.
Likewise, in reality the patent is a pact: it protects the inventor, but in return enriches the collective heritage, stimulating new ideas and fostering technical evolution. When this balance is broken—through abuse or misappropriation—it is not only the law that is betrayed, but the social pact that binds creativity and progress.
© THINX – January 2025
Picture from Walt Disney Animation Studios’ “Zootopia 2” © 2025 Disney