National measures relating to the Unitary Patent, III. Simultaneous Protection, Italy

III. Simultaneous Protection

Participating Member State

Validation/Extension states

Participating Member State	Italy
1Simultaneous protection possible between a Unitary Patent and a national patent	YesNo
2Simultaneous protection possible between a classic European patent and a national Patent	YesNo
3Description	AccordingIn the past, according to the Italian Industrial Property Law (Dlgs. N. 30/2005) doublesimultaneous protection for a national patent and for a European patent iswas not allowed. A specific provision (art. 59) ensuresensured the supremacy of the European patent or of the unitary patent over the national patent. A reform of the Italian Industrial Property Law entered into force on 23 August 2023 and introduced the possibility of simultaneous protection. The reform is contained in LAW No. 102cc of 24 July 2023: Amendments to the Industrial Property Code, referred to in the Legislative Decree 10th February 2005, No. 30. (23G00104) (OJ No. 108 of 8-8-2023) https://www.gazzettaufficiale.it/eli/id/2023/08/08/23G00104/SG#:~:text=24%20luglio%202023%2C%20n.%20102%20Modifiche%20al%20codice,08-08-2023%29%20note%3A%20Entrata%20in%20vigore%20del%20provvedimento%3A%2023%2F08%2F2023 In compliance with the principle of no double protection, the same provision applies now also as regards unitary patents, following the legal reform entered into force in Italy in March 2019. Unofficial English translation of revised article 59, Italian Industrial Property Law (Dlgs. N. 30/2005): LAW No. 102cc of 24 July 2023 Amendments to the Industrial Property Code Article 5 Relationship between the European patent and the Italian Patent 1. Article 59 of the Code referred to in Legislative Decree 10th February 2005, No. 30, is replaced by the following: "Article 59 (Relationship between European and Italian patents). – 1. If, for the same invention proposed by the same inventor, an Italian patent and a European patent valid in Italy or a European patent with unitary effect, having the same date of filing or priority, have been granted to the inventor himself or his successor in title, the Italian patent maintains its effects and coexists with the European patent. 2. The provisions referred to in paragraph 1 shall continue to apply even in the event of subsequent cancellation or lapse of the European patent".

Participating Member State

Italy

YesNo

AccordingIn the past, according to the Italian Industrial Property Law (Dlgs. N. 30/2005) doublesimultaneous protection for a national patent and for a European patent iswas not allowed.

A specific provision (art. 59) ensuresensured the supremacy of the European patent or of the unitary patent over the national patent.

A reform of the Italian Industrial Property Law entered into force on 23 August 2023 and introduced the possibility of simultaneous protection.

The reform is contained in LAW No. 102cc of 24 July 2023: Amendments to the Industrial Property Code, referred to in the Legislative Decree 10th February 2005, No. 30. (23G00104)

(OJ No. 108 of 8-8-2023)

https://www.gazzettaufficiale.it/eli/id/2023/08/08/23G00104/SG#:~:text=24%20luglio%202023%2C%20n.%20102%20Modifiche%20al%20codice,08-08-2023%29%20note%3A%20Entrata%20in%20vigore%20del%20provvedimento%3A%2023%2F08%2F2023

In compliance with the principle of no double protection, the same provision applies now also as regards unitary patents, following the legal reform entered into force in Italy in March 2019.

Unofficial English translation of revised article 59, Italian Industrial Property Law (Dlgs. N. 30/2005):

LAW No. 102cc of 24 July 2023 Amendments to the Industrial Property Code

Article 5

Relationship between the European patent and the Italian Patent

1. Article 59 of the Code referred to in Legislative Decree 10th February 2005, No. 30, is replaced by the following:

"Article 59 (Relationship between European and Italian patents). –

1. If, for the same invention proposed by the same inventor, an Italian patent and a European patent valid in Italy or a European patent with unitary effect, having the same date of filing or priority, have been granted to the inventor himself or his successor in title, the Italian patent maintains its effects and coexists with the European patent.

2. The provisions referred to in paragraph 1 shall continue to apply even in the event of subsequent cancellation or lapse of the European patent".

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National measures relating to the Unitary Patent, III. Simultaneous Protection, Italy

III. Simultaneous Protection