Validation of European Patents in Italy

Requirements for the validation of European Patents in Italy

The Italian translation of the granted text is not merely a formal requirement, since an inadequate translation may significantly curtail the rights of the patent owner. According to Article 57(2) of the Industrial Property Code (IPC), a case of infringement will be judged on the basis of the Italian translation as filed in case the scope of protection resulting therefrom is narrower than that conferred by the original granted text. While Article 57(4) IPC provides for the possibility of correcting a translation, Article 57(5) IPC states that the corrected translation cannot be enforced against anyone, who was already using the invention in good faith without infringing the patent according to the translation as originally filed.

At Buzzi, Notaro & Antonielli d'Oulx, in-house professionals carefully review and finely hone the translations to be filed with the IT PTO, with the aim of ensuring high quality and minimum risk for the patent owner.

Feel free to contact us for an estimate or any information that you wish to receive.

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