| Step number | Step corresponding information |
| step 1 | Prepare the Patent Application Document which include : The invention must be disclosed in the application documents in a manner sufficiently clear – information concerning applicant(s), inventor(s), the filing date and the priority date (if needed). – the title of the invention.Trademark and fancy titles are not admitted. – summary and description of the invention. The description highlights the state of the art in the – claims. the patent claims define the scope of the protection requested by the patent – drawings (optional), if requested for better understanding of the description.Photos not Patent protection lasts for 20 years from the date of filing. |
| step 2 | Submitting an application: You will fill in the patent application form “Domanda di Brevetto per Invenzione Industriale Modulo A” (Application for industrial invention – filing form A): – more detailed instructions at the following links: http://www.uibm.gov.it/index.php/la-modulistica/i-brevetti – with all the requested attachments in five copies included the original one. The application must be presented in any of the Italian Chambers of Commerce or directly sent to the Directorate General for the Fight against Counterfeiting-Italian Patent and Trademark Office (DGLC-UIBM) by registered postal service with acknowledgment of delivery (address: via Molise, 19 -00187 ROMA – ITALY). Applications can be made in any language but an Italian translation must be provided within a period of two months since filing. For the International/european extension of the patent the procedure must be started within 12 month since the application filing. e-filing for applications has been available and it can be done through the filing system at the following link: http://uibm.gov.it/index.php/deposito-telematico |
| step 3 | Application exam: The Chamber of Commerce issues a filing receipt which includes an application number and the date of the application. If a representative is appointed, the receipt will be sent to the representative. |
| step 4 | Before the DGLC UIBM examines the application, the Ministry of Defense can put the invention under secrecy, if it has a national strategic interest. All the applications are subject to a period of secrecy of 18 months. Application can be published after 90 days since the filing date if the owner asks for it at the moment of the filingan |
| step 5 | Examination by the Office: The DGLC-UIBM carries out a preliminary examination, to check if the application complies with the formal and technical requirements. If documentation does not comply with the technical and juridical requirements the Office writes to the applicant asking him to integrate or amend the application. |
| step 6 | Granting of the patent: If the subject matter of the application is patentable and the application complies with the prescribed requirements, or defects have been remedied, the UIBM forwards the application to the European Patent Office, that carries out the novelty search and issues the search report and the written opinion about the main patentability requirements: novelty, inventive step, industrial application. |
| step 7 | Opposition Period The search report and the written opinion are sent to the applicant who can present observations or amendments to the text of claims within the limits of the initial description. The DGLC-UIBM carries out the substantial examination on the application on the basis of the search report and the observations presented by the applicant (if needed), then grants the patent or refuses it. |
| Step | Fees (€) | Comments | ||
| Standard procedure | Application fee | 120 | Paper filing for a document less than 10 pages | |
| Search fee | 200 | Research (without English translation of claims) | ||
| Grant fee | 0 | |||
| Procedure with reduced fees | Application fee | 50 | online filling | |
| Search fee | 0 | |||
| Grant fee | 0 | |||
| Optionals steps | Standard procedure | Additionnal claim | 45 | Any claims after 10th |
| Procedure with reduced fees | Additionnal claim | 0 | ||
Additionnal fees :
- 160 : Paper filing for a document with more than 10 pages and less than 20
- 400 : Paper filing for a document with more than 20 pages but less than 50
- 600: Paper filing for a document with more than 50 pages
- 50 : Transcription of acts relate to patents, for each patent
- 100 : Fees for delayed payments
- 15 : Application through attorney
In Italy the IP rights are ruled by the Industrial Property Code established with “Decreto Legislativo (legislative decree) 10.02.2005 n° 30, G.U. 04.03.2005”.
Jurisdictional defense concerning patents is ruled in art 115 and following.
Here below follow some articles explaining the main features of a patent in the Italian Jurisdiction.
Art.45 Object of a patent
The object of a patent is a new invention which involves an inventive activity and is capable of industrial application: the main requirements to get the protection (which characterize the patent for invention) are novelty and industrial application of the invention (….).
Art. 63 Rights related to the assets
The right of exploitation of a patent belongs to the author of the invention or model, or to his successors in title; the right can be sold or transmitted but the right of being recognized as inventor.
Art. 64 Inventions by employee
If the idea has been developed in the course of an employment contract or relationship in which the inventive activity forms the purpose of this contract or relationship, and it is compensated accordingly, the rights deriving from the patent belong to the employer, although the author of the invention has a right to be recognized as such: if, however, there is an employment relationship, but the inventive activity does not form part of this relationship, the employee inventor is also entitled to fair compensation.
If the invention has been developed by an employee in the enterprise’s field of activity, but falls outside the two previously mentioned cases, the employer has only a right of pre-emption. If the employer is a University or a Public Research Organization, the rights belong to the inventor who will receive no less than 50% of any financial return deriving from the economic exploitation of the patent. If an industrial invention has been developed by several persons, the rights deriving from the patent shall, unless otherwise agreed upon, be shared equally by the authors.
Useful links :
- Patent Application Form http://www.uibm.gov.it/index.php/la-modulistica/i-brevetti
- Instructions on how to fill the application form http://www.uibm.gov.it/index.php/brevetti/brevettare-in-italia
- General instructions on the deposit procedure http://www.uibm.gov.it/index.php/brevetti/brevettare-in-italia
Information about renewal
Also see all the fees at: http://www.uibm.gov.it/index.php/brevetti/brevettare-in-italia/invenzioni-e-modelli-di-utilita/quanto-costa-registrare
| Year | Standard fees (€) | Reduced fees (€) | Comments |
| 5 | 60 | ||
| 6 | 90 | ||
| 7 | 120 | ||
| 8 | 170 | ||
| 9 | 200 | ||
| 10 | 230 | ||
| 11 | 310 | ||
| 12 | 410 | ||
| 13 | 530 | ||
| 14 | 600 | ||
| 15 | 650 |