La vita di un disegno o un modello

 

The industrial property rights of designs and models last five years. They can, however, be renewed for four more five-year periods, thus reaching an overall protection of 25 years. The only condition is that the relative renewal fees be paid regularly, no longer intended as abrogated governmental concession taxes, but as payment of the patent maintenance rights.
Payments must be made in advance, within and no later than the last day of the anniversary month of filing of the application (if a design or model was filed on 10 July 2012, the renewal fees for the following five-year period must be paid by 31 July, 2017, and then again by 31 July every five years).
Should the deadline be surpassed, the payment is allowed in the following six months with the application of an arrear. After this period, the expired right can be recovered by means of the reintegration procedure foreseen by article 193 of the IPC or of the continuation foreseen by art. 192 of the IPC.

If the payment is not made, the industrial property right on the design or model expires and has no value: it becomes unusable and impossible to defend.

Anyone can pay the rights of extension, to be credited on  current account n. 668004 payable to the Agenzia delle Entrate – Centro operativo di Pescara , only by means of a postal payment slip which, in addition to the name and surname or company name of the applicant, must indicate the design or model number and the date of granting (or the application number and relative filing date) as the reason.

 

The ''certification of payment'' of the maintenance rights must be given to the Camera di Commercio (Chamber of Commerce) or transmitted directly to the IPTO.

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

Maintenance rights of a design or model in Euro
- for the second five-year period 30.00
- for the third five-year period 50.00
- for the fourth five-year period 70.00
- for the fifth five-year period 80.00
Surtax for payment delay (within 6 months) 100.00

When the 25-year protection has expired, the design or model will no longer be protected and can be used by anyone without constraints or payment of dues.

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