ITALY: A NEW ROUTE TO PATENT PROTECTION FROM JULY 2020
Direct national entry for the grant of an Italian patent or utility model is possible for International (PCT) applications filed as of 1st July 2020. The term for entry will be 30 months as of the international filing date or priority date.
Specifically, IT national entry requires filing a request and an Italian translation of the full text of the international application as published, including the description, claims, abstract and drawings, along with possible art. 19 or art. 34 amendments, or new amendments at national entry according to art. 41 PCT.
The 30-month term also applies to international applications whose international search report is not available, yet.
In case the term for entry is missed, further processing is available under art. 192 of the Italian IP Code by filing a request, paying the further processing fee and filing the translation within two months from the missed term.
Filing documents in a language other than Italian is not admitted. However, the Italian translation can be filed within a non-extendable term of two months as of the date of filing of the request for entry.
Threfore, PCT applicants will be able to decide whether to take advantage of the examination at the EPO (“regional phase”) or directly at the Italian PTO (“direct national phase”).
For any additional information please contact info@studiotorta.it
