Patenting in Italy

Timeframes

How long does it take for a patent to be granted in Italy?

Grant is subject to passing the examination by the Italian Patent and Trademark Office. The duration of the examination varies from case to case. If there is nothing preventing grant, this occurs on average within 2, at most 3 years from the filing of the patent application.

How long does a patent last in Italy?

The maximum duration of patents in Italy is 20 years from the filing date of the relevant application. At the end of the fourth year from filing, in order to keep the patent in force, an annual fee is required for the years from the fifth to the twentieth.

Costs

What fees must be paid?

If the patent application is filed electronically, the filing fee is EUR 50.00. If the patent application is filed on paper and the total number of pages is fewer than 10, the filing fee is EUR 120.00.

If the patent application is filed on paper and the total number of pages is more than 10 but fewer than 20, the filing fee is EUR 160.00. If the patent application is filed on paper and the total number of pages is more than 20 but fewer than 50, the filing fee is EUR 400.00.

If the patent application is filed on paper and the total number of pages is more than 50, the filing fee is EUR 600.00. In any case, for each claim beyond the tenth, a fee of EUR 45.00 is due.

Any costs of the patent attorney registered with the professional register must be added.

Fees to keep the patent in force beyond the fourth year (in Euro)

  • fifth year 60.00
  • sixth year 90.00
  • seventh year 120.00
  • eighth year 170.00
  • ninth year 200.00
  • tenth year 230.00
  • eleventh year 310.00
  • twelfth year 410.00
  • thirteenth year 530.00
  • fourteenth year 600.00
  • fifteenth year (and following up to the 20th) 650.00

Representation

It is not compulsory to be represented by a patent attorney registered with the relevant professional Register, but it is strongly advised for the following reasons:

  • patents drafted by non-experts are difficult to defend in court, as they often show weaknesses from a formal, legal and content point of view, and provide no protection for the invention, or provide limited protection; this is particularly the case with so-called "home-made" patents;
  • patent matters are a combination of technical sciences and legal sciences; patents are the result of this combination, and in order to be valid and ensure the maximum possible protection for an invention they must encompass all the technical aspects presented in a specific and appropriate formal and legal form;
  • to date all patents, including Italian ones, are subject to substantive examination by the competent offices: patents that are not properly drafted receive more objections from the examiner, and this entails higher costs for the applicant;