PCT applications designating or electing Italy filed as from July 1, 2020, can enter the national phase without the need to go through the European regional phase as previously required by the Italian Patent Law.
The deadline for entering the national phase in Italy is 30 months from the filing date (or the priority date, if claimed). A translation into Italian of the entire specification must be filed either upon entry into the Italian national phase or within 2 months of entry. The office will inform the applicant of the start of examination with a communication in which a deadline for filing a response to the International Search Report and Written Opinion is set.
PCT applications filed before July 1, 2020 can cover the Italian territory only by entering the European regional phase first and then validating the European Patent in Italy: a lengthy and costly procedure. Under the new procedure, the European regional phase can be by-passed as far as Italy is concerned, thereby saving time and reducing costs.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.