UPDATE

News

Italy Open Route: last update on patent protection in Italy directly from PCT

Italian "Growth Decree" comes into effect, making possible the direct national filing in Italy from PCT 19 December 2019

In Italy, the so-called "Decreto Crescita" ("Growth Decree") and the consequent amendments to the Italian Industrial Property Code have came into force. For those seeking protection in Italy, it is now possible to file a national patent in Italy directly from a PCT application, and no longer through the filing of a European patent (as we had anticipated in our previous news).

The decree in question provides that entry into the national phase before the Italian Patent and Trademark Office (UIBM) for granting a patent for an invention or utility model, is only accepted for international patent applications (PCT) filed from the 1st July 2020 which contain the designation or the election of Italy regardless of the designation of the European Patent Organization (EPO).

Entry into the national phase occurs by filing with the UIBM, within 30 months of the international filing date or of the priority date, if claimed, the request to open the national phase accompanied by the complete text in Italian of the international patent application (description, claims, summary and any drawings).

Further details will be provided on the practical measures regarding the procedures for submitting applications or the adoption of modules.

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