Wednesday, September 6 2023   \  Published by Juve Patent.

Italy IP law revision allows new coexistence of national and unitary patents

Italy IP law revision allows new coexistence of national and unitary patents

The Italian government has made changes to its Industrial Property Code. Among other things, the revisions affect the co-existence of national, unitary and European patents, the rights of inventors at research institutions and the enforcement of IP rights at trade fairs. Italian lawyers hope this will contribute to greater efficiency of the country's IP system.

Following several months of deliberation, the Italian goverment has made several revisions to its Industrial Property Code (IIPC) with the support of the Italian Trademark and Patent Office (UIBM). The Italian parliament’s House of Representatives (Camera dei Deputati) officially approved the revisions on 18 July 2023, which came into force on 23 August.

A press release issued by the UIBM states there are two primary objectives to the reform: to boost the competitiveness of Italy’s courts and IP protection system, and to simplify and digitalise procedures.

Implications for patent

Among a general reworking of the country’s IP code, the most significant revision pertains to the co-existence of national and European or unitary patents. Prior to the changes, Article 59 of the IIPC stipulated that an Italian national patent would be void in the event that a party files a European patent designating Italy or a unitary patent for the same invention, on the same date with the same priority date. Read more

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