Italian patent: patentability search
Italian patent: filing
The text and the drawings of the patent application are then filed with the Italian Patent Office (UIBM) with a corresponding request. The formalities department of the UIBM checks formal aspects and gives the application an application number and a filing date if some requirements are met.
From this date onwards, the invention described in the application may be disclosed publicly or commercialized without this publication being opposable to the patent. The applicant can furthermore indicate “IT patent pending” on the product and associated documentation.
Italian patent: search report
Only if the Italian patent application does not claim any priority, the UIBM sends a copy of the application to the European Patent Office which performs on behalf of the UIBM a prior art search and establishes an opinion on the patentability of the application in English. The search for an Italian patent application is economically attractive, because no taxes for the search need to be paid, if an English translation of the claims is provided.
The European Patent Office generally strives to prepare this report within a nine months’ deadline after the filing date.
The search report contains a list of documents uncovered by the search examiner and deemed relevant for assessing the novelty and inventiveness of the invention. The documents are attached to the report. A letter next to each document indicates its relevance. The main codes are “X”, used to designate a document which on its own is considered to call into question the novelty or the inventiveness of a claim of the application, and “Y”, which designates the combinations of documents which, together, allow the inventiveness of a claim to be challenged. The letter “A” designates the documents cited as technological background.
The search report and an opinion on patentability are then transmitted to the applicant, who then has a three months’ deadline for answering the possible objections raised against patentability. If the search report contains only documents marked A by the examiner, it is not compulsory to submit a response to the UIBM.
Italian patent : publication
Italian patent applications are published about 18 months after the filing date, or if a priority is claimed, after the date of the oldest priority. An earlier publication after 90 days can be requested at the filing date.
Italian patent: grant
The Italian patent is granted when the objections in the search report eventually raised were overcome.
It is possible to take action against a third party after the grant. The owner can also apply markings on the product protected by using indications such as “Italian Patent”, “patented” etc.
Italian patent: renewal fees
Italian patent : lapse
The Italian patent or patent application may cease to produce its effect in one of the following cases:
- in any case, 20 years after the filing date
- if the applicant or owner stops paying the renewal fees or any other required fee
- if the applicant fails to answer an office action from the UIBM
- in case the application is rejected on the grounds that it does not comply with the requirements of the Italian Patent Law
- in case of revocation by a court