Italy - New IP Code

A new IP Code came into force in Italy in March 2005. Amendments have been introduced both in administrative and court proceedings, with reference to filing of applications, examination of applications, and rules of procedure in order to smooth the examination process and reduce the length of lawsuits.

A new financial law was also introduced in January 2006. According to the new law, all official fees - with the inclusion of filing fees and maintenance fees - have been abolished for patents, utility models, industrial models and designs. These provisions also apply to Italian validations of European patents, but not to mask works, plant patents and supplementary protection certificates.

The main consequence of this new law is that all patents in force as of January 1, 2006 will continue to remain in force until their natural expiration date. As to industrial models and designs, filing of five-year extension requests (without fees) will still be necessary.

In view of the sharp criticism accompanying such changes, it is likely that the financial law will be amended - possibly following political elections in spring 2006 - to have at least some of the fees reintroduced.