PATENT FILING IN ITALY

Italy has a long tradition in the field of Intellectual Property. Over the centuries, Italian legislation has taken the steps to provide more relaxation on patentability and make the process of prosecution speedier. The national intellectual property office of Italy is UIBM (standing for Ufficio Italiano Brevetti e Marchi). Italy, in addition to PCT and Paris Convention applications, also accepts the patent applications through European Union (EPO). Apart from Italy, there are 5 other core states of European Union: Belgium, France, Luxembourg, Netherlands and West Germany. With the vision of the Italian government for boosting the patent filings, GPF is dedicated in providing the one stop solution of all the requirements of patent filings. GPF can assist in efficiently and promptly, using accurate translations, filing of patent applications. GPF along with Khurana and Khurana, Advocates and IP Attorneys (K&K) has tremendous experience in dealing with Patent Filing/ Prosecution as per Italian Patent Laws, and can assist in hand-holding through the complete prosecution lifecycle of a Patent.

High Level Cost Estimate for Filing
Description
Price
Official Fee
€ 170
Attorney Fee
€ 250
Translation Fee
AS APPLICABLE
Total
€ 420 APPLICABLE TRANSLATION FEE

Documents Required
  • Patent Application Form
  • Description of the Invention
  • Abstract
  • Drawings (if applicable)
  • Title of the Invention
  • Applicant’s Details
  • Inventor’s Details
  • Power of Attorney
  • Priority Document (if claiming priority under the Paris Convention)
Filing to Grant Procedure
1
STEP 1 : FILING

Who may apply: Any natural person or legal entity, Italian or foreign :

What inventions are patentable: Must meet novelty (absolute), inventive step, and industrial applicability. Excluded are surgical/therapeutic methods, diagnostic methods on humans/animals, basic biological processes, new plant/animal varieties (they fit separate rights)

Novelty grace period: Six months allowed for disclosures at international exhibitions or malicious disclosures by third parties.

  • Priority claim: You may claim priority under the Paris Convention within 12 months of first filing. Restoration is possible in some cases up to 2 months extra

  • Language: File in Italian. Foreign-language applications must be translated into Italian within two months of filing

  • Required content for filing date: Applicant/inventor details, invention description (any language allowed initially), and payment proof. Priority documents and POA not mandatory at filing but can follow within 2 months

  • Formal filing: Done online via the Ministry platform (digital signature required) or via the Chamber of Commerce transmission service. Professional guidance strongly recommended

2
STEP 2 : PUBLICATION

Ordinarily, publication is done within 18 months of the priority date. By paying additional fee, an early publication can also be performed if requested.

3
STEP 3 : Examination & Search

  • Formal examination: Ensures submission meets form and procedural requirements.

  • Prior art search: Conducted by the European Patent Office on behalf of UIBM and sent to the applicant within ~9 months from filing

  • Substantive examination: Required if no priority is claimed. If an objection arises in the Written Opinion, applicant can respond/amend via UIBM

4
STEP 4 : Grant & Rights

  • Timeline to grant: Typically takes 2.5 to 3 years, average 2+ years in streamlined cases

  • Interim rights: After publication (usually 18 months from filing or priority), the applicant may enforce provisional rights and seek injunctions or damages once granted

  • Opposition: No formal post grant opposition procedure is available in Italy

5
STEP 5 : Duration & Maintenance

  • Patent term: 20 years from the filing date, in line with TRIPS standards

  • Annual fees: Begin in the 5th year, payable after grant. Fee due within 4 months of grant if pending. Subsequent fees are due in advance each anniversary month. Late payment allowed up to 6 months with penalty charges. Reduced fees possible when offering a non-exclusive license to the public