PCT NATIONAL PHASE ENTRY
Italy

Italy has a history of expertise in Industrial and Intellectual Property. A significant early step in protecting ideas and creativity was the Patent Statute, established in 1474 by the Most Serene Republic of Venice. Over the last decade, both the submission and active status of patent applications in Italy have exhibited consistent growth. There has been a notable surge of over 50% in applications from overseas, and the number of granted patents has doubled during this period. This trend signals heightened success for foreign applicants, reflecting a growing interest in foreign investment in Italy. Government agencies and IP attorneys have responded by enhancing their capabilities to assist foreign entities navigating the patent application procedures.

Italy became a contracting state of the Patent Cooperation Treaty on 28 March 1985. Being a member of the Patents Co-operation Treaty (PCT), Italy allows patentees to pursue protection in multiple countries simultaneously through the submission of an 'international' patent application.

The major requirements and procedure to file a patent application in Italy are mentioned below:

The designated period for submitting a patent application in Italy under the framework of the Patent Cooperation Treaty (PCT) is 30 months from the earliest date of priority.

In Italy, the official language for filing patent application is Itallian. If the international application is in a different official language, providing a translation into Itallian is mandatory. This ensures accuracy and regulatory compliance, which make a seamless and trouble-free progression through the patenting procedures.

The timelimit for submitting a patent application to the late national phase entry can not be extended. The translation into Itallian can be be provided within two months from entry into the national phase.

The necessary documents required for filing a national phase application include:

• Priority Document: A certified copy of the Priority Document needs to be submitted within six months from filing the application or within 16 months from the date of the earliest priority, whichever expires later.
• Power of Attorney: It can be given at the same time or within 2 months from filing the Italian patent application. It is essential to provide an address for service within the European Union or European Economic Area.
• Assignment Deed: Document required confirming the transfer of the priority right when the applicants are not the same.
• Verified Italian Translation

No filing fee is necessary when the application is submitted by universities, public research institutions, defense entities, or administrative bodies involved in agricultural, food, or forestry policies.

The automatic initiation of the substantive examination occurs, but only after at least 30 months from either the international filing date or priority date. This examination relies on the findings from the International Search Report and the International Preliminary Report on Patentability, considering any observations or amendments submitted by the applicant.

Once a patent is granted, an ongoing fee is necessary to keep the patent active, beginning from the start of the fifth year following the international filing date. The payment should be completed annually before the last day of the month in which the international application was initially filed.

In the European Union (EU), patents are given by national authorities or the European Patent Office. There are three EU regulations that apply directly to the legal systems of Member States and European Economic Area (EEA) countries. These regulations allow for supplementary protection certificates (SPCs) that add extra years of protection to patents for medicines and plant protection products, usually up to five years.

The Global Innovation Index (GII) evaluates the innovation capabilities of worldwide economies, utilizing approximately 80 indicators grouped into innovation inputs and outputs. The GII aims for a comprehensive understanding of various aspects of innovation, where Itlay has secured the 28th position out of 132 economies as per the GII 2022 rankings. This marks an improvement from its standing in 2021 when it occupied the 29th position. The upward shift to the 28th rank in 2022 signifies a positive development in Italy's global innovation positioning.

The nation proudly occupies the 11th position globally in total patent applications. Furthermore, its distinguished standing extends to the international sphere, securing the 12th position for abroad applications. In the realm of international patent cooperation, the nation stands out with an enviable 11th position in PCT National Phase Entries. Beyond the realm of innovation, the nation's economic might is underscored by its remarkable 8th position in the world economic ranking.