Patents and IP Rights

Patents & Trademarks

 

Patents

The Italian System

It Italy, to register a patent, the inventor must file an application to the Ufficio Italiano Brevetti e Marchi or a Chamber of Commerce, in Milan it is the Chamber of Commerce of Milan. The application must provide the details of the invention including its title, claims and description.

 

European Patent

To apply for a European Patent, the application may be filed to the European Patent Office which is located in Munich and also to the Department in The Hague in The Netherlands or a Patent Office in Italy. The application must be filed in French, English or German.

 

International Patent

Italy is one of the States of the Patent Cooperation Treaty that enables to seek a patent which gives protection in a large number of countries.

Ufficio Italiano Brevetti e Marchi acts as the receiving office for international patent applications in Italy.

 

Models, Designs and Utility Models

A new shape can be protected as a design and model under a patent in Italy. The registered designs have a purely aestehtic relevance.

Models that imrpove the effectiveness or the use of machines or parts of machines, instruments or general goods can be patented as utility models in Italy.

 

For more information regarding Patents in Milan, refer to the PricewaterhouseCoopers Report, ‘What About Italy?’ ‘Chapter 16, Industrial and intellectual property rights’. Click here to download the Report.

 

Trademarks

The Italian System

To obtain a trademark in Italy, the application must be filed to the Ufficio Italiano Brevetti e Marchi.

 

Registration of community trademark (For all European Countries) 

Community trademarks which cover all European Countries can be registered for. The application must be registered to the E.U.I.P.O. European Union Intellectual Property Office which is located in Alicante, or with a local office in Italy, which will forward it to the E.U.I.P.O. European Union Intellectual Property Office.

 

Registration of an International Trademark

The owner of a trademark in Italy can request for an international trademark application to be filed by the Ufficio Italiano Brevetti e Marchi to the International Office which is located in Geneva, Switzerland.

 

For more information regarding Trademarks in Milan, refer to the PricewaterhouseCoopers Report, ‘What About Italy?’ ‘Chapter 16, Industrial and intellectual property rights’. Click here to download the Report.

Intellectual Property

In Italy, intellectual property of original works of a creative nature, in the fields of literature, music, figurative arts, achitecture, threatre, cinema, computer software and databases can be protected. It is evaluated on a case-by-case basis.

The Italian public entity S.A.I.E. (Societa’ Italiana degli Autori ed Editori) is responsible for the functions with regard to protecting creative work.

Both economic rights and also moral rights derive from an original piece of patented work.

 

For more information regarding Intellectual Property in Milan, refer to the PricewaterhouseCoopers Report, ‘What About Italy?’ ‘Chapter 16, Industrial and intellectual property rights’. Click here to download the Report.

Industrial Property

The protection of industrial property is possible in Italy under Italian Law.

Industrial Property includes:

  • ‘trademarks and other distinctive elements;
  • geographical indications;
  • denominations or origin;
  • industrial designs and models;
  • inventions;
  • utility models;
  • topographioes of semiconductor products;
  • confidential information having an economic value;
  • certain species of vegetable’ (PricewaterhouseCoopers, ‘What about Italy?’, page 137).

 

For more information regarding Industrial Property in Milan, refer to the PricewaterhouseCoopers Report, ‘What About Italy?’ ‘Chapter 16, Industrial and intellectual property rights’. Click here to download the Report.