The process of applying for Italian invention patents?

Process of applying for Italian invention patent:

1. Submit application

The following application documents shall be submitted:

A. Application;

B. The name, abstract, specification, claims, drawings (if any), tax payment certificate and priority document (if any) of the invention or utility model.

*One application can only be applied for one utility model or invention patent at a time. If multiple patents are applied for at the same time, other utility models or invention patents can be applied for separately. Its advantage is that the application date of the earliest application can be the priority date. The applicant can also apply for a utility model patent and an invention patent for an invention at the same time, and UIBM (Italian Patent and Trademark Office) will determine which of the two patents will be finally granted. The patent application for invention and the patent application for utility model can also be converted to each other.

2. Novelty search

Since 2008, according to the agreement signed between the Italian Patent and Trademark Office (UIBM) and the European Patent Office (EPO), all invention patent applications that do not claim priority (the Italian patent application is the first application) will receive a patentability report and a search report produced by EPO. The applicant can modify the patent application document and reply to UIBM accordingly.

3. Publicity

Three months after the patent application is submitted, the applicant can apply to the Patent Office for the patent to be published. If the applicant does not file an application, the application will be published 18 months after the application date (including the priority date).

4. Review

After the patent application is published, UIBM will decide whether to grant an invention patent to the invention for novelty search based on the search result of EPO and the reply of the applicant; If the patent application for invention claims foreign priority, UIBM will decide whether to grant the patent after preliminary examination; If it is a utility model patent application, UIBM will also make a decision on whether to authorize it after preliminary examination.

If they do not accept the rejection decision of UIBM, they shall appeal to the UIBM Review Committee (Commissione dei Ricorsi). If you do not accept the decision of the Commission, you can also appeal to the Italian Supreme Court of Appeal (Corte di Cassazione).

5. Authorization

If UIBM decides to authorize, it will issue an authorization certificate to the applicant. The period of validity of the authorized invention patent is 20 years, and the period of validity of the authorized utility model patent is 10 years, starting from the patent application date or priority date, but the patent maintenance fee shall be paid on time.