Italy

UP

Yes

UPC

Yes

Status of ratification

Yes. Italy ratified the UPC Agreement on 10 February 2017.

Local or Regional CFI

Local.

Location/Venue of CFI

Milan: Via San Barnaba 50, Milan. 2012

Judges

Two national judges and one judge from the pool (Article 8.3 UPCA).

Languages

Italian or the language in which the patent was granted (Article 49 UPCA).

UP/UPC implementing legislation

"Italian Law of November 3, 2016, no. 214 (published in the Official Gazette no. 275 of November 24, 2016), ratifying the UPCA, also contains rules which have been inserted in the Italian IP Code (""IPC"") concerning contributory/indirect infringement and patent infringement exceptions, which appear to refer to the text of Article 26 UPCA related to the ""Right to prevent the indirect use of the invention"". However under the new Italian law there is indirect infringement if means relating to an essential element of the invention are supplied in Italy for putting the invention into effect in any country where there is patent protection. Moreover the patent exceptions (private/non commercial use, Bolar, research and galenic exemptions) do not extend to third parties that supply the patent-protected means to the exempted subjects.

By Italian Law of October 25, 2017, no. 163 (published in the Official Gazette no. 259 of November 6, 2017) Italian Government has been delegated to amend IPC, in particular to harmonise it with UP/UPC provisions and to include rules concerning the relation between UP and national patent

By Italian Legislative Decree of February 19, 2019, no. 18 (published in the Official Gazette no. 60 of March 12, 2019), the Italian Government amended the IPC according to the delegation included in the Italian Law of October 25, 2017, no. 163. Most of the amendments made to the IPC concern the scope of application of its provisions, which was extended in order to include (in addition to European patents), also UPs."

Other UP matters of interest

EU Decision no. 2015/1753 of September 30, 2015 on confirming the participation of Italy in enhanced cooperation in the area of the creation of unitary patent protection.

Italy signed the Protocol on Privileges and Immunities in June 2016, then ratified by Italian Law of December 4, 2017, no. 201 (published in the Official Gazette no. 299 of December 23, 2017).

Italy signed the UPC Agreement's Protocol on provisional application in February 2017.

At the meeting of the UPC Preparatory Committee held on September 10, 2020, Italy announced its intention to present Milan candidacy as the new UPC seat to replace London