On April 30, 2019, the Law Decree no. 34/2019, so-called "Growth Decree", has been published on the Official Gazette. The Decree is meant to provide urgent measures for the revival of the economy and for the growth of the Italian Country.
The Decree became effective on May 1, 2019 and by 30 June 2019 it must be converted into law, on penalty of loss of effectiveness ab initio.
Measures concerning the intellectual property rights are included in the provision.
An important innovation is the introduction of the Italian national procedure for the International Patent Applications (PCT).
Previously, the holder of an International Patent Applications, who wanted to have an Italian patent granted on the basis of the international application would have necessarily had to go through the European regional phase, i.e. through the request for grant of a European patent, thus validating in Italy the European patent once granted.
The Decree provides otherwise for the possibility of direct entry of the international patent application into the Italian national phase, regardless of the designation of the European Patent Organization.
Therefore, the holder of an international application can now enter Italy by direct national route within 30 months from the filing date of the international application or of the claimed priority application.
Although this provision does not substantially modify the temporary protection conferred in Italy by the international patent application, it certainly allows to reduce time and expenses for the granting of an Italian patent.
