Every business that owns an industrial design and wants to expand into the Italian market should make use of the Italian intellectual property system. It is important for businesses to file an industrial design application in Italy for industrial designs, even if the related product has not yet been launched on the Italian market.
Requirements for application for registration of industrial designs in Italy
The deadline for filing an industrial design application in Italy claiming priority is normally six months from the priority date. This period may be extended, in exceptional cases, within two months of the end of the six-month period.
The official language when registering an industrial design at the Italian Intellectual Property Office is Italian.
The following information and documents need to be provided in the application for registration of an industrial design in Italy: requirements for registration of industrial designs in Italy; name, address, and nationality of the applicant, business address; the name of the industrial design a description of the industrial design; information on priority rights (if any); image of the style (.jpeg file); proof of payment of the respective fees.
To confirm the right of priority, a certified copy of the priority document must be filed within six months of the filing of the application for registration of industrial design in Italy. If a certified copy of the priority document is submitted in a language other than Italian, the Italian translation must be submitted to the Italian Patent Office within two months from the date of submission of the certified copy.
No need to legalize or notarize Power of Attorney. This document can be provided within two months from the filing of the application for registration of the industrial design in Italy.
The appearance of a product with features such as its shape, line, color, line, texture or material, or decoration can be registered as an industrial design in Italy.
Examination of industrial design applications in Italy
The Italian Patent Office is responsible for the official evaluation of industrial design applications in Italy, as well as other important requirements. In Italy, the Office does not conduct a novelty and distinctiveness examination for industrial design applications.
Validity period and renewal of industrial designs in Italy
The time frame for renewing the novelty of an industrial design is 12 months from the date of publication of information on the industrial design before filing the application or the priority date if any.
An industrial design patent in Italy is valid for 5 years from the filing date and can be renewed for one or more periods of 5 years each up to a total term of 25 years from the date of application.
An international applicant for an industrial design registration in Italy should conduct an industrial design search in Italy through a law firm or an experienced industrial design attorney.
You can see a list of Italy IP Firms here.