Fees for filing a PCT national phase patent application
Fees associated with Italian PCT national phase entry as well as other patent fees are available in the fee calculator.
The time limit for PCT National Phase Entry in Italy
The time limit for entering the national phase of PCT in Italy is 30 months from the priority date. This term cannot be extended.
Minimum filing requirements for a PCT national phase patent application in Italy
Entry into the PCT national phase in Italy is possible for international applications designating or electing Italy filed on or after July 1, 2020.
The official language of the Italian patent application is Italian. If the patent application is filed in any other foreign language, the Italian translation must be provided within two months from the PCT national phase entry.
To obtain the date of filing, a PCT national phase patent application in Italy should contain:
– applicant(s) and inventor(s) details;
– a copy of the international application;
– proof of payment of the corresponding fees.
The legalization or notarisation of the Power of Attorney is not required. It may be provided simultaneously or within 2 months from the Italian PCT national phase entry.
No Priority Document is required unless requested by the Office. If the Priority Document is requested, it should be accompanied by its Italian translation.
If the applicant is not the inventor, the Assignment Deed is not required.
Analysis of a PCT national phase patent application in Italy
Patent applications in Italy undergo both formal and substantive examinations. The substantive examination is initiated automatically, but not earlier than 30 months from the international filing date or priority date.
Novelty grace period for Italian patent application
The novelty of the invention is not disproved within 6 months if it became available to the public at an international exhibition or in case disclosure was made in bad faith by any third party. The exhibition must fall within the terms of the 1928 Convention on international exhibitions.
Grant, validity term, and patent maintenance fees in Italy
The official grant fee is not stipulated for the Italian patents. The validity term of Italian patents is 20 years from the international filing date. Annual fees are due starting from the 5th year and become payable after grant. If the annual fees become due while the application is still pending, they should be paid within 4 months from the date of grant. All subsequent annual fees should be paid in advance before the last day of the month containing the anniversary of the international filing date. Late payment is possible within a grace period of six months by paying a corresponding surcharge. It is possible to pay the annuities in an accumulated manner.
Duration of the patent application registration procedure
The average processing time for a patent application in Italy is 2.5 – 3 years.
Utility Model in Italy
In Italy, it is possible to enter the national phase of a PCT application as a utility model. Utility model applications undergo a formal examination only. Processes, chemical products, biotechnological and computer-related inventions cannot be protected as utility models in Italy. The validity term of the utility model is ten years from the international filing date. It takes an average of two years to register a utility model in Italy.
Representation by an Italian patent attorney
For foreigners, it is recommended to perform the patent prosecution through an agent, a registered Italian patent attorney.
Note
Online search databases: Italian Patents and Utility Models, European Patents (EPO).
If you have any queries related to the PCT National Phase Entry in Italy, please contact IIPLA team. We will be more than happy to resolve your queries free of cost.
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