Features of Italian invention patent application process

Submitted by 页之码 on

UIBM conducts substantive examination for the first application, and does not conduct substantive examination for applications with priority that are not submitted for the first time. The applicant can request to disclose in advance, so that the official can enter the actual examination process in advance. The applicant shall pay the official fee for the application fee at the same time on the day of filing, and obtain the official fee receipt accordingly, otherwise the filing date will be the date of payment of the fee; the European Patent Office conducts a prior art search and issues a search report and written opinion. If the written opinion contains an opposition, the response shall be submitted to the Italian Patent Office for examination.

专利申请流程

  • Italian Patent and Trademark Office

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

    Website: www.uibm.gov.it

  • Filing Language: Italian

    via Paris Convention via 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. Certificate of Deposit of Microorganisms and its Italian translation
    3. Certificate of Microbiological Survival and its Italian translation
    4. Power of Attorney
    5. Certified Priority Document
    6. Italian translation of the priority certification document (notarization is required)
    7. Declaration of Ownership/Certification of Employment/Assignment of priority
    8. Assignment for Patent Right Transfer
    9. Application fee payment certificate
    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. Entering the Italian national phase 19/28/34/41 amended
    4. Sequence Listing (PDF format and TXT format)
    5. Certificate of Deposit of Microorganisms and its Italian translation
    6. Certificate of Microbiological Survival and its Italian translation
    7. Power of Attorney
    8. Declaration of Ownership/Certification of Employment/Assignment of priority
    9. Assignment for Patent Right Transfer
    10. Application fee payment certificate
  • yes. UIBM may require the applicant to change the patent type from invention to utility model.

  • Reinstatement of priority is accepted on the grounds of "all due care".

    • Licensing Fee: None.
    • Annuity: payable annually starting from the 5th year from the filing date; if the annual fee is due while the application is still under review, it should be paid within 4 months from the date of granted. All subsequent annual fees should be paid in advance by the last day of the month in which the filing date falls. If the applicant declares to provide a non-exclusive license to the public, the annual fee for maintaining the patent right can be reduced by 50%; if the annual fee is not paid within the time limit, it can be paid within 6 months of the due date, and a late fee of 100.00 Euros will be paid ; The annual fee can be paid accumulatively.
  • 12 months before the filing date/priority date.

  • 20 years

  • UIBM conducts substantive examination for the first application, and does not conduct substantive examination for applications with priority that are not submitted for the first time. The applicant can request to disclose in advance, so that the official can enter the actual examination process in advance. The applicant shall pay the official fee for the application fee at the same time on the day of filing, and obtain the official fee receipt accordingly, otherwise the filing date will be the date of payment of the fee; the European Patent Office conducts a prior art search and issues a search report and written opinion. If the written opinion contains an opposition, the response shall be submitted to the Italian Patent Office for examination.

  • Filing Language: Italian

    Necessary documents:

    1. Exterior Design Picture (Six Views)
    2. A Brief Description

    Attachments (if any):

    1. Power of Attorney
    2. Certified Priority Document
    3. Italian translation of the priority certification document (notarization is required)
    4. Declaration of Ownership/Certification of Employment/Assignment of priority
    5. Assignment for Patent Right Transfer
  • A novelty grace period of 6 months prior to the filing date/priority date may be enjoyed in the following cases.

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