Posted by Laura Ercoli on Wednesday July 22nd, 2020

Direct route from international PCT application to Italian patent now open

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.brevetto internazionale

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.

On 2 July 2020 the Italian Patent and Trademark Office issued a communication setting forth the operational details of the new procedure, recently enshrined into Italian law (read more here).

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.
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