WIPO - PCT Applicant's Guide IT - Italy
Italian Patent and Trademark Office

    Applicable as from 1 January 2025
    (published on 25 November 2024)

    Summary of latest changes in this version
    RO: RO fees

    Consult the full list of the changes

    Previous version(s): You can consult previous versions of the document. The only applicable version is the current version.
    15 Sep 2023, 28 Sep 2023, 26 Oct 2023, 1 Jan 2024, 25 Apr 2024, 26 Jul 2024, Current Version

    Useful information

    The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.
    In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.
    List of abbreviations used in this document:
    Office: Italian Patent and Trademark Office
    IPC/LD: Industrial Property Code, Legislative Decree No. 30/2005 of 10 February 2005
    MD 33/2010: Ministerial Decree 33/2010 of 13 January 2010, Regulations for Implementation of the Industrial Property Code
    MD 27/06/2008: Ministerial Decree of 27 June 2008, Novelty Search on Italian Patent Applications
    MD 13/11/2019: Ministerial Decree of 13 November 2019, Implementing Rules for International Applications Entering the Italian National Phase
    MD 02/04/2007: Ministerial Decree of 2 April 2007, Determination of Fees on Patents and Utility Models
    List of currencies used in this document:
    EUR (Euro)
    Countries and Offices information:
    The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
    Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
    Also refer to PCT Contracting States formerly Annex A.
    Office profile
    For more technical information about the Office, refer to ePCT Office profile.
    PCT Reservations, Declarations, Notifications and Incompatibilities
    The Office does not have any reservations, declarations, notifications or incompatibilities.
    Refer to the full list.
    Office Closed dates
    The Office is closed weekly on Saturday and Sunday
    Additional closed dates can be consulted on the Office Closed dates page

    International Phase

    Annex B - Information on Contracting States or Intergovernmental Organization

    Contracting State:
    Italy
    Two-letter code:
    IT
    Name of Office:
    Italian Patent and Trademark Office
    Location:
    22, Via Quattro Fontane
    00184 Roma
    Italy
    Mailing address:
    Same as above
    Telephone:
    (39-06) 4705-5800
    E-mail:
    uibm.pct@mise.gov.it
    Website:
    Facsimile:
    None
    Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?
    Yes, by e-mail
    Which kinds of documents may be so transmitted?
    All kinds of documents except the international application
    Must the original of the document be furnished in all cases?
    Yes, within two months from the date of the transmission
    Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?
    Yes
    Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?
    More information about WIPO DAS is available at: https://www.wipo.int/en/web/das.
    For applications filed with the Office on or after 1 October 2018.
    Yes, the Office is prepared to allow applicants to make international and national applications available to the WIPO DAS
    Competent receiving Office(s) for international applications filed by nationals or residents of this State:
    EP, 
    IB, 
    IT
    Does national legislation restrict the filing of international applications with foreign Offices?
    Legislative Decree No. 30 of 10 February 2005, Article 198(1) as modified following Law No. 102 of 24 July 2023, Article 8, which entered into force on 23 August 2023.
    Unless the international application claims the priority of a national application filed in Italy more than 60 days previously and such application has not been made subject of the official secrets regulation.
    Yes, Filing restrictions apply to:
    Applications by residents
    Competent designated (or elected) Office(s) for this State:
    For international applications filed on or after 1 July 2020.
    National protection: IT
    European patent: EP
    Types of protection available via the PCT:
    For international applications filed on or after 1 July 2020.
    National:
    Patents, 
    Utility models (a utility model may be sought instead of a national patent)

    European:
    Patents
    Payment methods accepted by the Office:
    The payment of fees should be effected in euros. Payment can be made by using payment form F24 or by electronic means (i.e. PagoPA).
    All payments must indicate:
    — the national application number; international application number only if the national application number is not yet known
    — the name of the applicant
    — the category of fee being paid
    For more information, refer to https://uibm.mise.gov.it/index.php/en
    Availability under the national law for an international-type search (PCT Article 15):
    None
    Provisional protection after international publication:
    Where the designation is made for the purposes of a national patent:
    An international application designating Italy which has been published under PCT Article 21 confers provisional protection, as provided for in Article 55 c.1-bis of the Italian Industrial Property Code, as from the date on which the owner of the application made available to the public, through the Italian Patent and Trademark Office, a translation of the application into Italian language, or from the date on which the owner of the application notified the alleged infringer directly of the translation.
    Where the designation is made for the purposes of a European patent:
    After publication by the EPO of the international application in a translation into one of its official languages furnished to it, the applicant may, as from the date on which a translation into Italian of the claims is made available to the public or communicated to the user, obtain damages and possibly the description and seizure of the articles infringing the patent and anything used in the making thereof.
    Information of interest if this Contracting State is designated (or elected)
    For national protection
    Time when the name and address of the inventor must be given:
    May be in the request or may be furnished later. If the data concerning the inventor are missing at the expiration of the time limit under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.
    Are there special provisions concerning the deposit of microorganisms and other biological material?
    Yes, refer to Annex L.
    For a European patent
    Refer to Annex B(EP)

    Annex C - Receiving Office

    Competent receiving Office for nationals and residents of:
    Italy
    Language in which international applications may be filed:
    If the language in which the international application is filed is not accepted by the International Searching Authority (refer to Annex D), the applicant will have to furnish a translation (PCT Rule 12.3).
    English, 
    French, 
    German, 
    Italian

    In accordance with Legislative Decree No. 30 of 10 February 2005, an international application filed in English, French or German by a resident of Italy must be accompanied by a summary in Italian which defines in a comprehensive manner the characteristics of the invention and a copy of any drawings (only for the purposes of Article 198(1) of the above mentioned Decree as modified following Law No. 102 of 24 July 2023, Article 8) if no priority of an earlier national (Italian) application is claimed or, where such priority is claimed, if the international application is filed prior to the expiration of 60 days from the filing date of that earlier national application.
    Language accepted for language-dependent free text in the sequence listing:
    English, 
    French, 
    German, 
    Italian, 
    or English and another filing language
    Language in which the request may be filed:
    English, 
    French, 
    German
    Number of copies required by the receiving Office if application filed on paper:
    1
    Does the receiving Office accept the filing of international applications in electronic form?
    For the relevant notifications by the Office, refer to the Official Notices (PCT Gazette) dated 23 November 2017, pages 179 et seq. and 4 August 2022, pages 206 et seq.
    Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the RO”).
    Where the international application contains a sequence listing as a separate part of the description, this must be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format.
    Yes, the Office accepts electronic filing via ePCT-Filing
    Does the receiving Office accept the submission of pre-conversion documents and, if yes, in which format (Section 706 of the PCT Administrative Instructions)?
    Yes, any format
    Does the receiving Office accept incorporation by reference (PCT Rule 20.6)?
    Yes
    Does the receiving Office accept the submission of color drawings on an informal basis and transmit them to the International Bureau?
    Yes
    Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?
    Yes, the Office applies the “due care” criterion to such requests
    Competent International Searching Authority:
    EP
    Competent International Preliminary Examining Authority:
    EP
    Fees payable to the RO:
    Transmittal fee:
    30.99 EUR
    International filing fee:
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    1,417 EUR
    Fee per sheet in excess of 30:
    16 EUR
    Reductions (under Schedule of Fees, item 4):
    Electronic filing (the request in character coded format):
    213 EUR
    Electronic filing (the request, description, claims and abstract in character coded format):
    320 EUR
    Search fee:
    Refer to
    Annex D(EP)
    Fee for priority document (PCT Rule 17.1(b)):
    — for the request to prepare the priority document (in fee stamps)
    paper copy 16 EUR
    electronic copy 16 EUR
    — for every four pages or fraction of four pages (description, claims, abstract, drawings, filing certificate and certificate of authenticity) (in fee stamps)
    paper copy, plus 16 EUR
    — for the download of the electronic copy (in fee stamps)
    electronic copy, plus 16 EUR
    — for a patent application or
    paper copy 7 EUR
    electronic copy 3 EUR
    — for a utility model application
    paper copy 5 EUR
    electronic copy 3 EUR
    Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):
    online 16 EUR
    on paper, in fee stamps 16 EUR
    Is an agent required by the receiving Office?
    No
    Who can act as agent?
    Any patent attorney recorded in the official register established by the Board of the Industrial Property Consultants Institute
    The list of patent attorneys can be obtained from the Board of the Industrial Property Consultants Institute (Ordine dei Consulenti in Proprietà Industriale) (https://www.ordine-brevetti.it).
    Citizens of the European Union qualified to practice as patent attorney in another member State, on a temporary basis, pursuant to the procedure under the legislative Decree No. 206/2007
    Any Italian lawyer or attorney-at-law whose name appears in the respective professional roll or any law firm employing such a lawyer or attorney-at-law
    For further details, refer to https://www.consiglionazionaleforense.it.
    Waiver of power of attorney:
    For international applications filed on or after 1 March 2021. Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).
    Has the Office waived the requirement that a separate power of attorney be submitted?
    Yes
    Particular instances in which a separate power of attorney is required:
    The Office continues to require that a power of attorney be submitted in the following instances:
    If the agent is not:
    — a patent attorney or an attorney-at-law authorized to practice in Italy (recorded in the pertinent official register or professional roll) or any law firm employing such a lawyer or attorney-at-law;
    — a patent attorney or an attorney-at-law qualified to practice in another member State of the European Union, authorized to pursue certain professional activities in Italy on a temporary basis (refer to legislative Decree No. 206/2007);
    In case of reasonable doubt regarding the agent’s entitlement to act;
    In case of a common representative.
    Has the Office waived the requirement that a copy of a general power of attorney be submitted?
    Yes
    Particular instances in which a copy of a general power of attorney is required:
    The Office continues to require that a power of attorney be submitted in the following instances:
    If the agent is not:
    — a patent attorney or an attorney-at-law authorized to practice in Italy (recorded in the pertinent official register or professional roll) or any law firm employing such a lawyer or attorney-at-law;
    — a patent attorney or an attorney-at-law qualified to practice in another member State of the European Union, authorized to pursue certain professional activities in Italy on a temporary basis (refer to legislative Decree No. 206/2007);
    In case of reasonable doubt regarding the agent’s entitlement to act.

    Annex L - Deposits of Microorganisms and Other Biological Material

    Requirements of designated and elected Offices
    Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.
    For a list of these institutions refer to:
    http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf (and the detailed requirements for each institution at: https://www.wipo.int/budapest/en/guide/section_d/subsection_c.html)
    Notifications related thereto may be consulted under:
    http://www.wipo.int/treaties/en/registration/budapest/
    Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:
    http://www.wipo.int/budapest/en/guide/index.html
    Time (if any) earlier than 16 months from priority date by which applicant must furnish:
    — the indications prescribed in Rule 13bis.3(a)(i) to (iii):
    Where the applicant requests early publication or notifies the application to third parties earlier than 16 months from the priority date, the indications prescribed in Rule 13bis.3(a)(i) to (iii) must be provided not later than that request or notification (Legislative Decree No. 30/2005, Art. 162(2))
    — any additional indications:
    At the time of filing (must be in the description)
    Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:
    To the extent available, a description of the characteristics of the microorganism and/or other biological material
    Additional information
    Deposits may be made for the purposes of patent procedure before the Italian Patent and Trademark Office with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (these institutions are indicated further in this Annex and notifications related thereto may be consulted under https://www.wipo.int/treaties/en/registration/budapest/).

    National Phase

    Summary of requirements for entry into the national phase

    Time limits applicable for entry into the national phase:
    Under PCT Article 22(1): 30 months from the priority date
    Under PCT Article 39(1)(a): 30 months from the priority date
    Does the Office permit reinstatement of rights (PCT Rule 49.6)?
    For filing a power of attorney, a request for re-establishment of rights or a request for restoration of the right of priority, payment of a special tax (imposta di bollo) is required. The following bank account should be used only for payments from abroad: Beneficiary: Banca d’Italia, Bank: Banca d’Italia, IBAN: IT07Y0100003245348008120501 -BIC: BITAITRRENT, reason for payment: imposta di bollo. The proof of payment must be enclosed when filing a power of attorney, a request for re-establishment of rights or a request for restoration of the right of priority.
    Yes, the Office permits reinstatement of rights under the “due care” criterion.
    Fee for reinstatement (re-establishment of rights)
    16 EUR
    Translation of international application required into (one of) the following language(s):
    Must be furnished within the time limit applicable under PCT Article 22 or 39(1) or at the latest within two months from entry into the national phase. This deadline cannot be extended. For further details, refer to paragraph IT.02.
    Italian
    Required contents of the translation for entry into the national phase:
    Under PCT Article 22: Description, claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19), any text matter of drawings, abstract
    Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report on patentability (Chapter II) and any claims amended under PCT Article 19)
    Is a copy of the international application required in particular circumstances?
    No
    Does the Office accept color drawings under its national law?
    Only black printed lines drawings on white paper are allowed (art. 22 MD 33/2010), but on an informal basis the Office accepts the submission of color or greyscale drawings. No photographs or reproductions of photographs are allowed (except in special cases, such as reproductions of crystal lattices or spectrographic traces that cannot be represented otherwise)
    National fees:
    Patents
    Filing fee:
    The filing fee for entry into the national phase is calculated on the basis of the number of claims of the international application as published, i.e. the claims as originally filed or as amended pursuant to Art. 19 PCT (IPC/LD, Art. 160-bis and Ministerial Decree of 13 November 2019, Art. 2(3)).
    — application with up to 10 pages
    online 50 EUR
    on paper 120 EUR
    — application with 11 to 20 pages
    online 50 EUR
    on paper 160 EUR
    — application with 21 to 50 pages
    online 50 EUR
    on paper 400 EUR
    — application more than 50 pages
    online 50 EUR
    on paper 600 EUR
    — for each claim exceeding 10
    online 45 EUR
    on paper 45 EUR
    Utility models
    Filing fee
    online 50 EUR
    on paper 120 EUR
    Exemptions, reductions or refunds of fees:
    No filing fee is payable if the application is filed by universities, public research institutions, defense or agricultural, food or forestry policies administrations
    Special requirements of the Office (PCT Rule 51bis):
    Name of the inventor if it has not been furnished in the “Request” part of the international application
    This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
    Instrument of assignment of the priority right where the applicants are not identical
    This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
    Address for service in the European Union or European Economic Area is necessary (but appointment of an agent is not required)
    Furnishing, where applicable, of a nucleotide and/or amino acid sequence listing in electronic form
    Who can act as agent?
    An agent, if any, must be appointed by filing a power of attorney, and payment of a special tax (imposta di bollo) is required. For further details, refer to Annex IT.I.
    Any patent attorney recorded in the official register established by the Board of the Industrial Property Consultants Institute
    The list of patent attorneys can be obtained from the Board of the Industrial Property Consultants Institute (Ordine dei Consulenti in Proprietà Industriale) (https://www.ordine-brevetti.it).
    Citizens of the European Union qualified to practice as patent attorney in another member State, on a temporary basis, pursuant to the procedure under the legislative Decree No. 206/2007
    Any Italian lawyer or attorney-at-law whose name appears in the pertinent professional roll or any law firm employing such a lawyer or attorney-at-law
    For further details, refer to https://www.consiglionazionaleforense.it.
    Does the Office accept the effect of restoration of the right of priority by the receiving Office (PCT Rule 49ter.1)?
    Yes
    Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?
    Yes, the Office applies the “due care” criterion to such requests

    The procedure in the national Phase

    IT.01 FORM FOR ENTERING THE NATIONAL PHASE
    Forms for entering the national phase (paper filing) are available on the Office’s website at: https://uibm.mise.gov.it/index.php/it (refer to Annex IT.II - Patents and Annex IT.III - Utility Models). Online filing is available at https://servizionline.uibm.gov.it.
    IT.02 TRANSLATION
    IPC/LD Art. 148(5), 
    IPC/LD Art. 160-bis, 
    IPC/LD Art. 55, 
    MD 13/11/2019 Art. 1(2), 
    MD 13/11/2019 Art. 1(3), 
    MD 13/11/2019 Art. 4

    For entry into the national phase a complete Italian translation of the international application as published must be provided.
    If the Office acts as designated Office, said translation shall include any amendments made to the claims under PCT Article 19. The amendments must be submitted together with, if submitted to the International Bureau, the statement under PCT Article 19(1) explaining the amendments, and the accompanying letter under PCT Rule 46.5(b).
    If the Office acts as elected Office, the international application as published must be accompanied by the translation of any annexes to the international preliminary report on patentability (Chapter II), i.e. regardless of whether protection is sought for the same version of the application documents as was the subject of that report.
    The translation may be declared to be consistent with the original text by the applicant or a patent attorney. If the description is presented in a language other than Italian, the translation into Italian shall be filed within two months from the date of submission of the request to enter the national phase. This term cannot be extended.
    IT.03 TRANSLATION (CORRECTION)
    Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003).
    IT.04 FEES (MANNER OF PAYMENT)
    MD 13/11/2019, 
    Art. 2 (3), 
    MD 02/04/2007

    The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex IT.I.
    IT.05 ADDRESS FOR SERVICE
    IPC/LD Art. 147 (3bis), 
    IPC/LD Art. 147(3ter)

    An applicant, whether or not a national of or a resident in Italy, is not required to be represented by an agent, but is required to have an address for service (notices and other communications) in the European Union or the European Economic Area. Every person (including the applicant for, or proprietor of a patent) must also indicate a certified e-mail address or similar e-mail address based on technologies that certify the date and time of sending and receiving communications and the integrity of the contents.
    IT.06 APPOINTMENT OF AN AGENT
    IPC/LD Art. 201
    An agent, if any, must be appointed by filing a power of attorney in Italian language. A model of power of attorney is given in Annex IT.IV. For the power of attorney, payment of a special tax (imposta di bollo) is required. For details, refer to Annex IT.I.
    IT.07 RENEWAL FEES
    IPC/LD Art. 227, 
    MD 02/04/2007

    After a patent has been granted, a fee must be paid for maintaining the patent in force starting at the beginning of the fifth year counted from the international filing date. Payment must be made each year before the expiration of the last day of the month in which the international application was filed. Payment can still be made, together with a surcharge, during a further period of six months. The amount of the annual fees and the surcharge are indicated in Annex IT.I.
    IT.08 DEED OF ASSIGNMENT
    IPC/LD Art. 169(2), 
    MD 13/11/2019, 
    Art. 2(4)

    When the applicant claims the priority of an earlier application filed by an applicant who is not identical with the applicant of the international application, a deed (or deeds) of assignment must be furnished.
    IT.09 AMENDMENT OF THE APPLICATION, TIME LIMITS
    PCT Art. 28, 
    PCT Art. 41, 
    IPC/LD Art. 172, 
    MD 13/11/2019 Art. 3

    The applicant may amend or correct the international application, provided that the scope of the subject matter of the application is not broadened thereby, according to the provisions of the law:
    (i) after the receipt of the notification of the Office that the application has entered into substantial examination, within the time limit established by the Office in the aforementioned communication;
    (ii) in any case, on its own initiative, before the grant or refusal of the patent.
    The applicant may file amendments to any part of the application up to the decision to grant a patent.
    IT.10 EXAMINATION
    IPC/LD Art. 170, 
    IPC/LD Art. 45, 
    IPC/LD Art. 81quinquies, 
    MD 13/11/2019 Art. 3(3)

    Italian patents shall not be granted for subject matter excluded from patentability. Examination of the patents which meet the formal requirements is aimed at determining that the subject matter of the application is consistent with what is established by IPC/LD Articles 45, 50 and 82, including the validity requirements of novelty, inventive step and industrial application. Examination is made on the International Search Report results and on the International Preliminary Report on Patentability (IPRP Chapter I or II) results and taking into account observations or amendments filed by the applicant.
    IT.11 NUCLEOTIDE AND AMINO ACID SEQUENCES
    MD 33/2010 Art. 22(8)
    If the application discloses one or more nucleotide and/or amino acid sequences required to be included in a sequence listing and a standard-compliant sequence listing in XML format is not contained in the international application, it must be provided or made available to the Office by other means on entry into the national phase.
    Furthermore, in case of late filing of a sequence listing in XML format, the applicant must enclose a declaration to the effect that the sequence listing does not extend beyond the content of the application as originally filed. WIPO Standard ST.26 applies to PCT applications with an international filing date of 1 July 2022 or later. For international applications with an earlier international filing date, WIPO Standard ST.25 continues to apply
    Refer to the Official Notices (PCT Gazette) of 24 February 2022, page 55.
    IT.12 EXCUSE OF DELAYS IN MEETING TIME LIMITS
    IPC/LD Art. 192, 
    MD 13/11/2019, 
    Art. 1, 
    c. 5

    Reference is made to paragraphs 6.022 to 6.027 of the National Phase.
    Where during the international phase or before the Office, the applicant has missed a time limit for performing any act in relation to the international application, further processing may be requested within two months of expiry of the time limit not complied with. The request must be completed with the omitted action and with the proof of payment of the fees prescribed for further processing (refer to Annex IT.I).
    IT.13 RE-ESTABLISHMENT OF RIGHTS
    IPC/LD Art. 193
    Re-establishment of rights may be requested where the applicant, in spite of all due care required by the circumstances, was unable to observe a time limit before the Office, default of which is prejudicial to his rights. A request for re-establishment must be presented in writing within one year after the removal of the cause of the failure to perform the action. Within the said year, the omitted action must be completed, and the request must state the grounds on which it is based and set out the facts on which it relies. A special tax (imposta di bollo) must be paid when requesting re-establishment of rights as indicated in Annex IT.I.
    IT.14 REQUEST FOR RESTORATION OF RIGHT OF PRIORITY
    IPC/LD Art. 193(5)
    Where the international application was filed within two months from the end of the period for claiming priority of an earlier application, a request for restoration of the right of priority may be made to the Office in accordance with the national law (refer to National Phase, paragraphs 6.006 to 6.011). For the request to be granted, the Office must be satisfied that the failure to file the application within the 12-month priority period occurred in spite of due care required by the circumstances. A declaration or other evidence in support of a request for restoration of the right of priority should accompany the request. A special tax (imposta di bollo) must be paid when requesting restoration of priority as indicated in Annex IT.I.
    IT.15 UTILITY MODEL
    IPC/LD Art. 82-86
    If the applicant wishes to obtain a utility model instead of a patent in Italy, on the basis of an international application, the applicant, when performing the acts referred to in PCT Article 22 or 39, shall so indicate to the Office. The requirements for the national phase are basically the same as for patents, but utility model protection does not cover processes, according to IPC Article 82.
    Instead of annual fees, maintenance fees have to be paid once for utility models at the beginning of the fifth year counted from the international filing date. The amount of the annual fees and the surcharge fee for late payment are indicated in Annex IT.I. The maximum term of protection is 10 years.
    IT.16 CONVERSION
    IPC/LD Art. 84 (2)
    The Office can invite the applicant to convert the international application for a patent into a utility model, after the applicant has complied with the requirements for entry into the national phase for a patent application, as indicated in the Summary.

    Annexes

    Annex IT.I - Fees
    For filing:
    — a power of attorney
    — a request for re-establishment of rights or
    — a request for restoration of the right of priority
    the payment of a special tax (imposta di bollo) is required.
    The following bank account should be used only for payments from abroad:
    Beneficiary: Banca d’Italia
    Bank: Banca d’Italia
    IBAN: IT07Y0100003245348008120501
    BIC: BITAITRRENT
    Reason for payment: Imposta di bollo
    The proof of payment must be enclosed when filing a power of attorney, a request for re-establishment of rights or a request for restoration of the right of priority.
    Patents
    Filing fee:
    The filing fee for entry into the national phase is calculated on the basis of the number of claims of the international application as amended (Ministerial Decree of 13 November 2019, Art. 2(1)).
    — application with up to 10 pages
    Online 50 EUR
    On paper 120 EUR
    — application with 11 to 20 pages
    Online 50 EUR
    On paper 160 EUR
    — application with 21 to 50 pages
    Online 50 EUR
    On paper 400 EUR
    — application more than 50 pages
    Online 50 EUR
    On paper 600 EUR
    — for each claim exceeding 10
    Online 45 EUR
    On paper 45 EUR
    Annual fees:
    — for the 5th year counted from the international filing date
    Online 60 EUR
    — for the 6th year counted from the international filing date
    Online 90 EUR
    — for the 7th year counted from the international filing date
    Online 120 EUR
    — for the 8th year counted from the international filing date
    Online 170 EUR
    — for the 9th year counted from the international filing date
    Online 200 EUR
    — for the 10th year counted from the international filing date
    Online 230 EUR
    — for the 11th year counted from the international filing date
    Online 310 EUR
    — for the 12th year counted from the international filing date
    Online 410 EUR
    — for the 13th year counted from the international filing date
    Online 530 EUR
    — for the 14th year counted from the international filing date
    Online 600 EUR
    — for the 15th to the 20th year counted from the international filing date, per year
    Online 650 EUR
    Surcharge for late payment of annual fees
    Online 100 EUR
    Fee for further processing
    Online 300 EUR
    Tax (imposta di bollo) for filing of power of attorney
    Online 16 EUR
    On paper 16 EUR
    Tax (imposta di bollo) for request for re-establishment of rights
    Online 16 EUR
    On paper 16 EUR
    Tax (imposta di bollo) for request for restoration of the right of priority
    Online 16 EUR
    On paper 16 EUR
    Utility models
    Filing fee:
    Online 50 EUR
    On paper 120 EUR
    Annual fees:
    — from the 6th to the 10th year of protection
    Online 500 EUR
    Surcharge for late payment of annual fees
    Online 100 EUR
    Fee for further processing
    Online 300 EUR
    Tax (imposta di bollo) for filing of power of attorney
    Online 16 EUR
    On paper 16 EUR
    Tax (imposta di bollo) for request for re-establishment of rights
    Online 16 EUR
    On paper 16 EUR
    Tax (imposta di bollo) for request for restoration of the right of priority
    Online 16 EUR
    On paper 16 EUR
    How can payment of fees be effected?
    The payment of fees should be effected in euros. Payment can be made by using payment form F24 or by electronic means (i.e. PagoPA).
    All payments must indicate:
    — the national application number; international application number only if the national application number is not yet known
    — the name of the applicant
    — the category of fee being paid
    For more information, refer to https://uibm.mise.gov.it/index.php/en
    Forms
    The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.
    Annex IT.II - National processing request form (patents)
    Annex IT.III - National processing request form (utility models)
    Annex IT.IV - Power of attorney
    Current version applicable from 1 Jan 2025 , printed on 22 May 2025
    2.1 #12 - 2025-05-20T15:31:04.965+02:00