Guide for Italian Patent Application Process

Patent Trademark

Italy Profile

Italy, officially the Italian Republic, is a unitary parliamentary republic located in Southern Europe. It borders France, Switzerland, Austria and Slovenia to the north along the Alps. The territory of Italy covers an area of 301,338 square kilometers and is affected by a temperate monsoon climate. The capital of ItalRead more

Italy Profile

Italy, officially the Italian Republic, is a unitary parliamentary republic located in Southern Europe. It borders France, Switzerland, Austria and Slovenia to the north along the Alps. The territory of Italy covers an area of 301,338 square kilometers and is affected by a temperate monsoon climate. The capital of Italy is Rome. Italy is administratively divided into 20 regions, 5 of which are autonomous regions and enjoy a certain degree of regional self-determination. The country is further subdivided into 96 provinces and 7960 municipalities.

Italian Intellectual Property Legal System

  • "Industrial Property Law"

International Organization/Agreement

  • Trademark Law Treaty
  • Singapore Treaty on the Law of Trademarks
  • WIPO Copyright Treaty
  • WIPO Performances and Phonograms Treaty
  • Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
  • Hague Agreement on the International Deposit of Industrial Designs
  • Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
  • Patent Cooperation Treaty (PCT)
  • The Strasbourg Agreement on the International Patent Classification
  • "Convention Establishing the World Intellectual Property Organization"
  • Locarno Agreement Establishing an International Classification for Industrial Designs
  • Nice Agreement on the International Classification of Goods and Services for the Purposes of the Registration of Marks
  • Madrid Agreement on the International Registration of Marks
  • Berne Convention for the Protection of Literary and Artistic Works
  • Paris Convention for the Protection of Industrial Property
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Filing Language
italian

申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

Italian Patent and Trademark Office

English: Italian Patent and Trade Mark Office, abbreviation: UIBM

Website: www.uibm.gov.it

  • Italy has adopted a new numbering system for patent application numbers since 1990 and it is still in use today:
    • 【IT】+【4-digit year of AD】+【2-digit Italian area code】+【5-digit serial number】
  • When 4 digits are less than 5 digits, 5 digits will be filled with zeros.

Filing Language: Italian

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Sequence Listing (PDF format and TXT format)
  2. Deposited Receipt of Microorganism and Italian Translation
  3. Viability Statement of Microorganism and Italian Translation
  4. Power of Attorney
  5. Certified Priority Document
  6. Italian Translation of  Certified Priority Document (notarization is required)
  7. Declaration of Ownership/Certification of Employment/Assignment of Priority
  8. Assignment for Patent Right Transfer
  9. Payment Receipt of the Filing Fee
  10. Notification issued by CNIPA notify the applicant the application has passed through the security review.

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry
  4. Sequence Listing (PDF format and TXT format)
  5. Deposited Receipt of Microorganism and Italian Translation
  6. Viability Statement of Microorganism and Italian Translation
  7. Power of Attorney
  8. Declaration of Ownership/Certification of Employment/Assignment of Priority
  9. Assignment for Patent Right Transfer
  10. Payment Receipt of the Filing Fee

20 years

  • via Paris Convention : 12 months from earliest priority date.
  • via Nationalization of PCT : 30 months from the earliest priority date.
  • via Validation of European Patent in EPO member states: 3 months from the date of grant of the European patent.

UIBM conducts substantive examination for the first-filing application, and does not conduct substantive examination for applications with priority. The applicant can file request for early publication so as to enter into the examination stage earlier. The applicant shall pay the filing fee at the same time of filing, and obtain the payment receipt accordingly. Otherwise the filing date will be the date of payment. EPO conducts a prior art search and issues a search report as well as written opinion. If the written opinion contains an opposition, the response shall be filed to the Italian Patent Office for examination.

A novelty grace period of 6 months prior to the filing date/priority date may be enjoyed in the following cases.

  • Disclosure at official or officially recognized international exhibitions.
  • Malicious disclosure by a third party.

2 years

  • Grant Fee: None.
  • Annuity: Annuity 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 filing date.  If the applicant declares to provide a non-exclusive license to the public, the annuity for maintaining the patent right can be reduced by 50%; if the annuity is not paid within the time limit, it can be paid within 6 months of the due date, and a penalty of 100.00 Euros will be paid. The annuity can be paid in lump sum.

Yes. Patent Office accepts  "all due care" requests for restoration of the right of priority.

Yes

Yes. UIBM may require the applicant to convert the patent type from invention to utility model.

Name of Patent Office

Italian Patent and Trademark Office

English: Italian Patent and Trade Mark Office, abbreviation: UIBM

Website: www.uibm.gov.it

  • Italy has adopted a new numbering system for patent application numbers since 1990 and it is still in use today:
    • 【IT】+【4-digit year of AD】+【2-digit Italian area code】+【5-digit serial number】
  • When 4 digits are less than 5 digits, 5 digits will be filled with zeros.

Filing Language: Italian

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Power of Attorney
  2. Certified Priority Document
  3. Italian Translation of  Certified Priority Document (notarization is required)
  4. Declaration of Ownership/Certification of Employment/Assignment of Priority
  5. Assignment for Patent Right Transfer
  6. Payment Receipt of the Filing Fee
  7. Notification issued by CNIPA notify the applicant the application has passed through the security review.

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry
  4. Power of Attorney
  5. Declaration of Ownership/Certification of Employment/Assignment of Priority
  6. Assignment for Patent Right Transfer
  7. Payment Receipt of the filing fee

10 years

  • via Paris Convention : 12 months from earliest priority date.

Utility model patents in UIBM are granted based on the results of formal examination only. The official fee for the application fee must be paid at the same time of filing and the payment receipt should be obtained accordingly. Otherwise the filing date will be the date of payment. Italian utility models do not protect processes or chemical products.

A novelty grace period of 6 months prior to the filing date/priority date may be enjoyed in the following cases.

  • Disclosed at official or officially recognized international exhibitions.
  • Malicious disclosure by a third party.

  • Grant Fee: None.
  • Annuity: After the first 5-year protection period expires, the annuity for the second 5-year protection period must be paid. If the annuity is overdue, it can be paid within 6 months of the grace period, and a penalty of 100.00 euros must be paid at the same time.

1.5 years

Yes. Patent Office accepts  "all due care" requests for restoration of the right of priority.

No

Yes

Name of Patent Office

Italian Patent and Trademark Office

English: Italian Patent and Trade Mark Office, abbreviation: UIBM

Website: www.uibm.gov.it

  • Italy has adopted a new numbering system for patent application numbers since 1990 and it is still in use today:
    • 【IT】+【4-digit year of AD】+【2-digit Italian area code】+【5-digit serial number】
  • When 4 digits are less than 5 digits, 5 digits will be filled with zeros.

Filing Language: Italian

Necessary documents:

  1. Pictures/Photos of Design (6-sided views)
  2. A Brief Description

Attachments (if any):

  1. Power of Attorney
  2. Certified Priority Document
  3. Italian Translation of Certified Priority Document (notarization is required)
  4. Declaration of Ownership/Certification of Employment/Assignment of Priority
  5. Assignment for Patent Right Transfer

The industrial design patent in Italy is valid for 5 years from the filing date and may be further renewed for one or more periods of 5 years each up to a total term of 25 years from the filing date. 

  • via Paris Convention: 6 months from earliest priority date.
  • via Hague System: 6 months from earliest priority date.
  • via EU Community Design: 6 months from the earliest priority date.

UIBM only conducts formality examination of design patent applications, and does not examine novelty and uniqueness.

12 months before the filing date/priority date.

  • Grant Fee: None.
  • Annuity: Annuity should be paid for the next 5-year protection period before the expiration of each 5-year protection period, that is, the 6th, 11th, 16th and 21st year Annuity.

6-8 months

No

Yes

Yes

发明专利、实用新型及外观设计进入国家申请流程
套餐价格（官费和服务费） / Package fee

Currency Unit: RMB

Patent Type Route Click to Get Price List In Detail Package Fee
Invention Paris Convention

Italy Invention Patent Paris Convention Application fee

Basic Services: 15730.00
PCT

Italy Invention Patent PCT Application fee

Basic Services: 15730.00
Utility Model Paris Convention

Italy Utility Model Patent Paris Convention Application fee

Basic Services: 10660.00
PCT

Italy Utility Model Patent PCT Application fee

Basic Services: 10660.00
Appearance Design Paris Convention

Italy Appearance Design Patent Paris Convention Application fee

Basic Services: 10140.00
Explanation of Package Fee:
  • Basic Package Fee: Contains the standard cost of the necessary stage for a patent application from new-filing to be granted.
  • Value Service: In addition to the above, the package fee also contains the service for analysis and comments concerning the office action provided by lawyer.
  • Expert service: In addition to the above, the package fee also contains the service for analysis, comments and amendments concerning the office action provided by lawyer.
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