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BLOG@IP::JURPatent Attorney Axel H Horns' Blog on Intellectual Property Law.
Thursday, January 05, 2006IT-PTO Abandoning Official Fees??I have seen some off-line reports saying that the Italian Parliament has, by means of a decree dated December 22, 2005, lifted all Official fees in 2006 for patents, utility models, and designs, including application fees and maintenance fees.It sounds quite unbelievable but my sources are normally deemed to be trustworthy. Neither can I see this confirmed anywhere on the web nor do I understand the political background of such undertaking. Does any of the readers of my blog have more precise information suitable to shed more light on the present situation in Italy?
I, too, have received a couple of items about this, some of which have come from sources I know and trust. Conducting some further online research myself, I came across this document on the Barzano and Zanardo website http://www.barzano-zanardo.com/inglese/download_eng/FinanceAct_2006.pdf And this on the SIB website. http://www.sib.it/engsib/novita/pat/221205.htm The lowdown appears to be that this was a pretty stupid idea which has not been thought through properly (for one thing, even though the IT PO will not be charging renewal fees, they still have to pay a minimum renewal fee proportion to the EPO, as I understand it - not that I've paid much attention to that aspect of the EPC since passing EQEs!) Every source I've heard from has said that they expect renewal fees at least to be reintroduced within a few months, perhaps after the General Elections that are apparently due to take place in the Spring. The question I want answering, but no one seems to know the answer: even if you don't have to pay a fee, do you have to take some action (eg submit a form) to renew an Italian patent? Anybody know. Jeg
Dear All, I can confirm that the Italian Parliament, following to a proposal of the Italian Government, decided to zero all the official fees previously required for the obtaining and for the maintenance of patent rights in Italy. I can also confirm that, from Italy, this decision seems pretty stupid. From January 1, 2006, neither filing fee nor renewal fee are due, also for the validation in Italy of European patents. Since Italy has a registration system, it can be said that any patent, regardless the subjectmatter thereof, is valid for twenty years from the filing date. No action is provided by law for the renewal. Mario Leone mario.leone@sib.it
The remark by gerontius is correct. In any case, a national intellectual property office has to pay the minimum fee to the EPO (which is actually the case for GB, NL, GR and CH/LI for the 3rd and 4th year because these countries start with the 5th year). As I know IT has no recorded patent register for renewals. A patent is renewed when the renewal fee is paid. If there is no such fee all patents will be in force. Kind regards and happy 2006! Christian Bock CFO Swiss Federal Institute of Intellectual Property  Post a Comment
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