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Changes to National Phase Entry for PCT Applicants in Italy

After a long debate between Italian IP stockholders, as of the 1st of July 2020 it is now possible for PCT Applicants to directly enter the National phase in Italy without being obliged to get a European Patent, as illustrated at the WIPO site.

The invention can be for Patents or Utility models and it is also now possible to enter the PCT application in Italy by filing a request at the Ufficio Italiano Brevetti e Marchi (UIBM), Italy’s Patent and Trademark Office.

The time limit for entering in Italy is, at the latest, 30 months from the date of filing of the international application or the priority date, if claimed, analogously to other European Countries: Germany, United Kingdom, Spain, Sweden, Switzerland and Turkey, where National entry is also possible.

It is also possible to file such requests when the priority period of 12 months is exceeded, as reported in a recent Ministerial Letter dealing with the details of the filing of the request of entry.

The request has to be filed together with a full translation of the patent application in Italian and the UIBM will proceed with the examination of the patent application on the basis of the Search report and the preliminary opinion issued in the international phase.

There are still members of the European Patent Convention (EPC), for which it is not possible to be designated directly from a PCT international application, such as Belgium (BE), Cyprus (CY), France (FR), Greece (GR), Ireland (IE) and the Netherlands (NL). Perhaps, the example set by Italy may be followed in the future.

This new opportunity should be of interest for International Applicants, especially when National filings around Europe may prove to be more convenient from a business and strategic point of view.

For more information, please contact Marina Mauro:

Marina Mauro

T: +39 0287 398 550
E: marina.mauro@murgitroyd.com