“PCT – published the implementing decree for the Italian national phase”

The Italian parliament has recently converted into law, with Law 58/2019, the Growth Decree (DL n. 34/2019), which provides the modification of articles 55 and 160 of the Italian Industrial Property Code, in order to introduce the possibility of directly designating or electing Italy for an International patent application.

In particular, the recently published Ministerial Decree dated 13 November 2019, and issued by the Italian Ministry of Economic Development, confirmed that the direct entry into the Italian national phase will come into force for International applications according to the Patent Cooperation Treaty, which explicitly designate or elect Italy, filed on or after the 1st of July 2020.

The entry into the Italian national phase shall be requested within thirty months from the filing date of the International application or its priority date.

Upon entering the Italian national phase, or within two months from the date of entry, an Italian translation of the International application as published shall be provided, together with the Italian translation of any further amendment made during the International phase pursuant to articles 19 , 34 or 41 PCT.

The examination of the Italian patent application will not start before the 30th month from the filing date of the International application, or from its priority date, and will be based on the International Research Report. The beginning of the examination phase will be communicated by the Italian Patent and Trademark Office (IPTO), together with the deadline for submitting a response to any objections raised in the International Research Report.

As regards the specific procedure for submitting the request for entry into the Italian national phase, further provisions will be issued by the IPTO in the next months.

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