Intellectual Property Rights in Italy

Essay by stunningUniversity, Bachelor'sA+, March 2005

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Applying For a Patent in Italy

A patent application must be made on the appropriate form and filed at one of the Provincial Offices of Industry, Trade and Handicraft, located at Chambers of Commerce, or sent by registered post with advice of delivery to the Italian Patent and Trademark Office, in Rome. Any application for an invention or utility model must relate to one invention only and is subject by law to a period of secrecy of 18 months, of which the first 90 days - which cannot be waived under any circumstances - are to allow the defence authorities to verify their interest in the invention. Proprietors may decide to make their applications available to the public earlier and applications may be laid open after the above-mentioned 90 days which cannot be waived. In the case of industrial designs, one application may be filed for registration of up to 100 models or designs, provided that they are intended to be incorporated in objects included in the same class of the international classification; there is no period of secrecy except on applicant request.

Nullity of the Patent

Patents are null and void if:

· They do not meet the requirements;

· They fall into one of the cases expressly excluded from patentability;

· The description is not sufficiently clear and complete;

· The subject-matter extends beyond the content of the application as filed;

· The proprietor is not entitled to obtain a patent.

Protection of Plant Varieties

Applications for new plant varieties can be filed only at the Provincial Office of Industry, Trade and Handicraft in Rome either in person or by post or any other appropriate method.

They must contain:

· The denomination that the applicant intends to give to the plant variety in accordance with the statutory requirements;...