I brevetti

 

Industrial property rights have a 20 year duration from the filing date in the case of patents for industrial invention, 20 years from the date of granting in the case of rights for new plant varieties and 10 years from the date of filing for utility models; on two conditions: that its object is implemented and that the relative maintenance fees are regularly paid.

Implementation - The law provides that the object of the patent must be implemented within three years from the date of granting the patent and that the implementation must not be suspended for more than three consecutive years. Implementation means the manufacture and sale in Italy or the import and sale in Italy of objects produced in an EU member state and/or in a member state of the World Trade Organisation; it means that, if the applicant or its licensees have not manufactured or imported the object of the patent from said states and put it into circulation on the state territory to such an extent not to result seriously disproportionate to the country needs, this legal imposition (art. 69 of the IPC) has not been met and, therefore, granting a compulsory licence is possible (art. 70 of the IPC) or, in the case of persistent failed implementation, the revocation of the patent.
It is clear that the spirit of this article of law is intended to develop the industry and avoids situations, such as personal interest (e.g. only allowing the owner of the patent to exploit its old plants), where important inventions are possibly not even implemented, thus blocking the sector for all of the 20 years of the patent.
As it appears evident, contrary to what inventors normally believe, a long granting procedure favours the inventor: in fact, as the deadline for implementation starts from the date of granting the patent, the further away this is from the date of filing, the longer is the time interval during which the inventor enjoys the patent protection without need for implementation. The legislator also worried about the opposite situation, establishing that in the case the granting is very quick (less than one year), the three year deadline from the grant can be replaced by the four year deadline from date of filing, if this latter term expires after the previous one.

Maintenance fees - The costs of maintenance of a patent (to be understood no longer as government granting fees, repealed, but as payment of the maintenance rights of the patent) must be regularly paid:

  • if a patent for invention was obtained, on an annual basis, starting from the fifth year from patent application (the first four years are included in the filing fee/costs of the application itself)
  • while if a patent for a utility model was obtained, in addition to the filing, it is necessary to pay five years and after five years pay the other five, so at most two payments are made in total.

In the case of patent for invention, each year must be paid in advance and starting from the fifth year, within and no later than the last day of the anniversary month of the application filing (if a patent was filed on 10 July 2012, the maintenance rights must be paid by 31 July of the following year up to the end of the fourth, starting from 31 July 2016 and up to 31 July 2031) or, by paying the surcharge by way of arrears (100.00 Euro) also within the last day of the next semester.
While, if taking as reference the date of granting the patent and not that of filing, the payment is also expected within 4 months from the latter, or within the subsequent 6 months (on payment of arrears amount to 100 Euro) for any rights accrued up to that moment. In this case the last deadline does not coincide with that of the last day of the anniversary month, but the four-month period (or of the subsequent six months with surcharge), beginning from the day following that on which the certificate was issued. After six months it is no longer possible to remedy the forgetfulness, apart from very rare and exceptional cases (recovery procedure).
If the annuity is not paid within the deadlines, the patent lapses and with it, the right of the owner to its exclusive use.
Anyone can make the payment of the annuality due.
More advance payments can be made but only in the case they refer to the same patent.

 

The payments are to be paid by the F 24 "payments with identifying elements" called C300 Patents and Designs - Renewal annual fee -rights Opposition proceedings- Other Tributes.

It is considered as the actual date of payment only one shown in the F24 model. The proof of payment of the fee for the maintenance in life is to be preserved in the original

The cost of each year grows with the number of years:

MAINTENANCE RIGHTS OF THE PATENT FOR INVENTION EURO

-fifth year 60.00
-sixth year 90.00
-seventh year 120.00
-eighth year 170.00
-ninth year 200.00
-tenth year 230.00
-eleventh year 310.00
-twelfth year 410.00
-thirteenth year 530.00
-fourteenth year 600.00
-fifteenth year (and subsequent up to twentieth) 650.00

ANY ARREARS for the delayed payment of the rights 100.00

 

MAINTENANCE RIGHTS FOR NEW PLANT VARIETY RIGHTS EURO

 

-first year 101.00
-second year 135.00
-third year 168.00
-fourth year 202.00
-fifth year 236.00
-sixth year 270.00
-seventh year 303.00
-eighth year 337.00
-ninth year 371.00
-tenth year 404.00
-eleventh year 438.00
-twelfth year 472.00
-thirteenth year 505.00
-fourteenth year 539.00
-fifteenth year 573.00
-sixteenth year 607.00
-seventeenth year 640.00
-eighteenth year 674.00
-nineteenth year 708.00
-twentieth year (and subsequent, if any)                         741.00

Upon expiry of the 20 years of protection (or 10 for utility models), the object of the patent or the right becomes part of the  public domain, or it no longer enjoys the protection and anyone can use it without restrictions or having to pay any fees.

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