Patents and "Decreto Crescita": new opportunities for those seeking protection in Italy
In Italy, protection from PCT applications can take place directly and no longer by filing a European patent, thanks to the Decreto Crescita ("Growth Decree") and the consequent amendments to the Industrial Property Code (articles 55 and 160-bis) 27 August 2019
Recently, the "Growth Decree" has contributed to some changes in the Italian Industrial Property Code. In particular – on the subject of patents – a new possibility is provided to applicants for a PCT (Patent Cooperation Treaty).
The rule inserted in the Decree allows to open directly a national procedure of Italian patenting without having to go through the European patent application.
The implementing decrees by the Ministry of Economic Development (MISE) will define the new rules in detail, which should hopefully lead to a significant reduction in both the cost of protection and the timing.
The holder of an international application who wishes to enter Italy through the direct national route will be able to do so within 30 months from the date of filing of the application itself or of its priority, if claimed.
