Italy Permits Direct National Entry from PCT Applications
In Italy, following the enactment of the Growth Decree on 30 June 2019 and subsequent amendments to the Italian Industrial Property Code, applicants seeking patent protection in the country may file a national patent in Italy directly from a PCT international patent application filed on or after 1 July 2020, without being obliged to first obtain a European patent.
The direct entry into the national phase of Italy is applicable to PCT applications for a patent for invention or utility model. To opt for the national route, the applicant may file a request with the Italian Patent and Trademark Office (UIBM) within 30 months from the international filing date or the priority date, if claimed, accompanied by the complete text in Italian of the international patent application, analogously to many of the European countries such as Germany, the UK, Spain, Sweden, Switzerland and Turkey, where direct national entry is also possible.
As for PCT applications designating or electing Italy filed prior to 1 July 2020, they have to go through the European regional phase, which is still the practice in some members of the European Patent Convention (EPC), including Belgium, Cyprus, France, Greece, Ireland, Latvia, Lithuania, Malta, Monaco, Netherlands, San Marino, and Slovenia.
