Italy - Introduction of prior art search and substantive examination

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As of 1 July 2008, patents first filed in Italy will undergo prior art searches and substantive examination. The Italian Ministry of Economic Development recently issued a Decree confirming their agreement with the European Patent Office (EPO) regarding the change of process.

Previously national patents filed in Italy did not undergo substantive examination and were presume valid. Assessments of patentability was deferred to nullity lawsuits or determined extra-judicially between the parties.

A copy of the Decree can be found on the website of Italian Patent and Trademark Office (IPTO) (in Italian)

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