Entry into the Italian national phase from international PCT patent applications: operational aspects

Entry into the Italian national phase at the ITPTO of an international PCT patent application takes place with the filing of the Italian translation of the international patent application as published by the World Intellectual Property Organization (WIPO). The translation of the text of the patent application must be declared to be in conformity with the original.

In the case of patent applications, the amount of the fees for claims exceeding the 10th is calculated according to the number of claims in the international application as published by the WIPO.

It follows that only the amendments under Art. 19 PCT can effectively be used to reduce the number of claims and the total amount of claim fees, whereas subsequent amendments are just meant to accompany the national phase at the ITPTO but are ineffective as regards the calculation of claim fees.

Claim fees do not apply in the case of entry into the Italian national phase as a utility model which, unlike a patent, has a duration of ten years instead of twenty.

In any case, amendments with respect to the international application as filed must be highlighted and their support in the original application must be provided to demonstrate that they do not add new matter to the application as filed.


Mauro Eccetto

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