Procedure for foreign patent filing
Filing an Italian patent, for an industrial invention or utility model, naturally offers protection limited to the territorial borders of the state.
In order to extend protection abroad, it is necessary to extend the Italian patent application by filing corresponding patent applications in the countries in which one has an interest in acquiring the right to exclusive exploitation of the invention.
Such applications may be filed within 12 months from the filing date of the corresponding Italian patent application, with the possibility of claiming the latter's priority right.
This is possible for countries adhering to the Paris Convention and the W.T.O. (World Trade Organisation), practically all the most industrialised countries. The priority extension allows the validity date of the patent applications subject to extension to be brought back to the filing date of the corresponding Italian application.
The extension procedure can be carried out individually for each country, or by following the unified granting procedures according to the main international patent conventions: European Patent filing and International Patent PCT.
The singularised extension procedure, as opposed to unified procedures, can become very costly and difficult because in most foreign countries the grant of a patent is subject to the execution of an international prior art search and the subsequent execution of a prior art examination by national patent offices.
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