European Patent (EPO) Validation in Italy

1. Terms for patent validation in Italy

The period for filing the translation in 3 months after the date on which the mention of the grant or the decision to maintain the patent as amended is published in the European Patent Bulletin.

The publication fee is deemed to have been paid only when proof of payment has duly been provided. The translation must be accompanied by a copy of the drawings in the EP specification even where there is no textual matter.

2. Conditions for patent validation in Italy

2.1 Translation – Italy has enacted provisions under Article 65(1) EPC and requires a translation of the complete European patent specification if the European patent has not been granted in one of their official languages.

• For provisional protection: it is required a translation of the complete patent specification, in English.
• After grant: a translation of the patent specification into Italian must be supplied.  The proprietor of the patent or his representative must give a declaration on the last page of the translation that the translation is in complete agreement with the original. Due date is 3 months after the date on which the mention of the grant or the decision to maintain the patent as amended is published in the European Patent Bulletin.

2.2 Payment of patent validation and national registration fees:

There is a special fee to be paid: 35 EUR. Due date for the payment is the date on which translation is filed.

3. Effect of the European patent as a national Italian patent

Under Article 64(1) EPC, a European patent automatically confers on its proprietor from the date on which the mention of the grant is published in the European Patent Bulletin, in each contracting state in respect of which it is granted, the same rights as would be conferred by a national patent granted in that state.

4. Patent annuities in Italy

• Due date: last day of the month in which the date of filing occured.
• Earliest possible date for payment: no specific legal provision.
• Period of grace for payment of fees (with surcharge): 6 months from due date.