You can find all the information of Italy about trademarks, patents, utility models, copyrights, registered designs, and all other IP rights.

 

Step numberStep corresponding information
step 1

 Prepare the Utility Document  which include :

The utility model must be disclosed in the application documents in a manner sufficiently clear and complete. It is not sufficient to submit a filled-in request form without further documents (except in case of alternative patenting, see sub-section Enforcement faqs). They include, in particular:

– information concerning applicant(s), inventor(s), the filing date and the priority date (if needed)

– The title of the utility model. Trademarks and fancy titles are not admitted.

– Summary and Description of the utility model. The description highlights the shape and arrangement of the parts which composes the utility model, the improved effectiveness and ease of use in comparison to the state of the art. The distinguishing features of the utility model must be sufficient for a person skilled in the technical sector to carry out the utility model.

– Claims. claims. The patent claims define the scope of protection requested by the patent application. They must be drafted very precisely and, if there are several claims, they must be numbered in Arabic numbers.

– Drawings (optional). The same sheet of drawings may contain several figures. The different figures shall be numbered consecutively in Arabic numbers. The drawings shall not contain text matter.

Utility Model protection lasts 10 years from the date of filingUtility Model protection lasts for 10 years from the date of filing.

step 2

 Submitting an application:

The utility model application form ““Domanda di Brevetto per Invenzione Industriale – Modulo U””  (Application for utility model – filing form U) must be filed in:

http://www.uibm.gov.it/index.php/la-modulistica

specific instructions are published at the following links:

http://www.uibm.gov.it/index.php/brevetti/brevettare-in-italia/invenzioni-e-modelli-di-utilita

 

The application must be filed in any one of the Italian Chambers of Commerce or directly sent to the Directorate General for the Fight against Counterfeiting – Italian Patent and Trademarks Office (DGLC-UIBM) by registered letter with a signed return receipt  (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 after filing.

E-filing for applications has been available and it can be done through the UIBM ON LINE SERVICE at the link: http://www.uibm.gov.it/index.php/deposito-telematico

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 3

 Granting of the utility model:

Before the DGLC UIBM examines the application, the Ministry of Defense can put the utility model 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 filing .

step 4

 Opposition period

After the 18 months of secrecy the UIBM carries out the examination of the application . If the subject matter of the application is patentable and the application complies with the prescribed requirements, or defects have been remedied, the UIBM grants the patentWithin 60 days from the filing of the registration, any person may give notice of opposition to the patent.

 

UTILITY MODELS  FEE

 

StepFees (€)Comments
Standard procedureApplication fee<120if descritption, review and designs are in paper form
Publication fee0 
Procedure with reduced feesApplication fee50if description, review and designs are in digital form
Publication fee0 

 

Anyone applying for a patent for an industrial invention may at the same time file an application for a utility model to be prosecuted if the patent application is refused or accepted only in part. ( Art. 84 Alternative patenting – Industrial Property Code).

The Italian Industrial Property Code deals with  the utility model in art. 82 and following ones.

 Art. 82 Object of the patent

An utility model consists of improvements in shape which do not realize a solution to a technical problem but confer a particular utility on a product which already exists. Thus the improvement brought about by the shape just gives a product more efficacy and/or a greater comfort in handling it but the improvement does not transform the object into something substantially new and different.

 

Art. 84 Alternative patenting

Anyone applying for a patent for an industrial invention may at the same time file an application for a utility model to be prosecuted if the patent application is refused or accepted only in part. Both of these two IP rights have been providing for in the Italian legal system for about seventy years.

The reason for that does not consists of having an easier way to patent an invention, setting up a sort of minor patent. The main aim is to have a tool to protect a specific innovation related to the functionality.

 

Useful links:

 

Utility model maintenance costs

Further fees to maintain patent rights: beyond the 5th year (second quinquennium) euro 500,00

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