In case the unitary effect is rejected or revoked or withdrawn a "safety net mechanism" is introduced in the Italian Industrial Property Law (Codice della Proprietà Industriale, decreto legislativo n. 30/2005) to allow the patent owner to benefit from a 3-month period to still validate the European patent at a national level. This provision is included in the revised art. 56.
Unofficial English translation of revised Article 56:
Rights conferred by the European patent
The European patent granted for Italy and the European patent with unitary effect shall confer on its proprietor the rights referred to in Articles 25 and 26 of the Agreement on a Unified Patent Court, ratified and made enforceable pursuant to the Law no. 214 of November 3, 2016, and impose the limitations set forth in Article 27 of the same Agreement. The European patent granted for Italy and the European patent with unitary effect shall take effect from the date on which the mention of the grant of the patent is published in the European Patent Bulletin. If the patent is under opposition or limitation proceedings, the scope of protection established by the grant or by the decision to maintain it in an amended form or by the decision to a limitation shall be confirmed from the date on which the mention of the decision on the opposition or on the limitation is published.
SUBSECTION REPEALED BY LEGISLATIVE DECREE NO. 18 OF FEBRUARY 19, 2019.
The holder (of a European patent granted for Italy) shall provide the Italian Patent and Trademark Office with a translation in Italian language of the text of the patent granted by the European Office as well as of the text of the patent maintained in a modified form following the opposition proceedings or limited following the limitation proceedings.
The translation, declared to be perfectly in conformity with the original text by the patent proprietor or his representative, must be filed within three months from the date of each of the publications referred to in paragraph 1. (4-bis). For European patents, for which a request for unitary effect has been filed within the terms provided for by Article 9 (1) (g) of Regulation (EU) No 1257/2012, the time limit referred to in paragraph 4 starts from the date of receipt of the communication of the final act of rejection or revocation of unitary effect or from the date of receipt of the request for withdrawal by the European Office.
In case of non-compliance with the provisions of paragraphs (3, 4 and 4-bis), the European patent shall be deemed, from the outset, to be without effect in Italy.
