Italian patents

Industrial invention patents in Italy

Filing an application for a patent for an industrial invention to UIBM (Ufficio Italiano Brevetti e Marchi - Italian Patent and Trademark Office) entitles the Applicant to the right of exclusive exploitation in Italy (production, marketing, importing) of the invention claimed in the application for a time of 20 years from the filing date, provided that patentability requirements are met.

The content of the patent application for industrial invention remains secret for 18 months from the filing date, whereupon it is made available to the public. Initially, UIBM conducts a formal review of the filed application after which it conducts a patent search (from 1 July 2008) issuing, within 9 months from the filing date, a search report evaluating the presence of the patentability requirements cited above.

Together with the search report, UIBM issues a ministerial letter which comments about the documents cited in the search report: this is the beginning of a substantial examination phase which can lead to the granting of a patent.

A patent application for Industrial Invention shall comprise: an abstract, in which the invention is briefly outlined, a description, in which the object of the invention has to be described in sufficiently clear fashion, in at least one embodiment, the claims, which shall define the essential characteristics of the invention which are to be defended and protected and on which exclusive exploitation right is to be claimed, and optionally the patent drawings, supporting the description, in which the main embodiment and additional variants are illustrated.

Utility model patents in Italy

patent searches

As in the case of anindustrial invention, a new model must fulfil the fundamental requirements of novelty, originality and industrial applicability. However, in this case the new model must fulfil fundamentally less stringent originality requirements than an industrial invention, and the novelty requirement is limited to the particular combination of known elements as claimed.

Filing a utility model patent application to UIBM (Italian Patent and Trademark Office) confers the right of exclusive exploitation in Italy of the innovation claimed in the application for a period of 10 years from the filing date, provided that patentability requirements (novelty, inventive activity, and industrial applicability) are met.

UIBM conducts only a formal review of the filed application, without carrying out an exam of its merit (as is the case for industrial inventions), i.e. without conducting an anteriority search and a substantial exam, to evaluate the presence of patentability requirements (novelty, inventive activity and industrial applicability).

Therefore, the patent is to be considered valid until proven otherwise (so-called "'presumption of validity'"), which an interested third party may do at any time. The content of the patent application for a utility model remains secret for 18 months from the filing date, whereupon it is made available to the public.

A patent application for a Utility Model shall comprise: an abstract, in which the innovation is briefly introduced, a description, in which the object of the innovation has to be described in sufficiently clear fashion, in at least one embodiment, the claims, which shall define the essential characteristics of the innovation which are to be defended and protected and on which exclusive exploitation rights are to be claimed, and optionally any patent drawings, supporting the description, in which the main embodiment and additional variants are illustrated.

Information about patents in Italy

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