As from 1 July 2020 a PCT international patent application designating Italy may enter the Italian national phase with no need to begin a European regional phase.
PCT international patent applications designating Italy filed as from July 1, 2020 can enter the Italian national phase with no need to start a European phase, as previously required by Italian Law.
Here’s what applicants need to know about entering the Italian national phase directly:
- The Italian phase of a PCT application is admitted only in connection with PCT applications filed as of 1 July 2020 designating Italy independently from the designation of the EPO. The Italian phase allows the holder of a PCT application to file an Italian patent application, or alternatively an Italian utility model application based on the PCT application.
- In order to enter the Italian national phase, applicants should file a request with the Italian Patent and Trademark Office including the specification, claims, summary and drawings, if any, of the international application, translated into Italian. The request must be filed within a non-extendable term of 30 months from the international application date. Any subsequent documents regarding said application, including possible amendments to the claims, should also be attached.
- Late filing is permitted of the documents accompanying the national phase request within the term of 2 months from the filing of the request.
- It is possible to postpone the above 30-month term for the filing of the request to open the Italian national phase by 2 months under the “further processing” procedure, provided an additional fee is paid.
- The examination of the PCT application will be carried out under the provisions set forth for the examination of national patent applications.