Renew an Italian patent validated through the European Patent Office (EPO):
If your patent is a European patent that was granted by the European Patent Office and then validated in Italy, you can maintain the patent by paying an annual maintenance fee to the EPO. The first renewal fee of a patent application is due on the second anniversary of the patent's filing date and thereafter, renewal fees are due on an annual basis. Once a patent is granted by the EPO and validated in Italy, the renewal fee is paid to the Italian Patent and Trademark Office (UIBM). The rules that apply to a national Italian patent also apply to an EP patent in Italy. For more information on renewal fees related to the EPO, please visit another one of our articles at this link, here.
For example, if the filing date of a patent is 2017-06-15, and the grant date is 2023-04-25, you will have to settle the renewal fee with the EPO starting from 2019-06-30 onwards until 2022-06-30. From 2023 onwards, you will have to settle the renewal fee with the Italian Patent Office.
Renew a national patent with the Italian Patent Office:
In order to maintain a patent application in Italy, a renewal fee must be paid to the Italian Patent and Trademark Office (UIBM) on an annual basis. The first renewal fee of a patent application is due on the fourth anniversary (Year 5) of the filing date. Renewal fees in Italy are always due on the last day of the month, which is when the term of protection ends.
For example, if the filing date of a patent is 2017-06-15, you will only have to settle the renewal fee starting from 2021-06-30 onwards.
In Italy, there are other types of intellectual property. At PatentRenewal.com, we have all the necessary tools and procedures to ensure that all types can be renewed through us.
Intellectual Property Type #1 - Italian Utility Models
An Italian utility model is valid for 10 years and is in force for five years from the filing date of the application. You can renew the utility registration once for the second five-year term. Initially, a utility model is protected for five years. If the renewal fee is not paid by the due date, the utility model will enter a grace period of 6 months. This gives you the time to still renew the utility model, however, the fee is higher.
Intellectual Property Type #2 - Italian Designs
An Italian design is valid for 25 years from the filing date. The renewal fees must be paid after the fifth, tenth, fifteenth, and twentieth year. Initially, the design is protected for five years. In order to maintain the protection beyond the initial 5-year period, you have to pay the renewal fees at the beginning of the sixth year in order to extend the term of protection for another five years. Renewal fees are required for each registered design, even if they are designs of a multiple application. The renewal fees will fall on the last day of the month. If the maintenance fee is not paid by the due date, an additional 6-month grace period is given in order for the settlement to take place. If you fail to pay the full amount within the provided time frame, the design protection will lapse.
Starting from the 3rd anniversary of the filing date, patent renewal fees need to be paid every year. For further clarification, please refer to the cost breakdown below.
National patent: The first renewal fee is paid on the fourth anniversary (Year 5) of the filing date.
For example, if the filing date of a patent is 2017-06-15, you will only have to settle the renewal fee starting from 2021-06-30.
Italian patent validated through the European Patent Office (EPO): The first renewal fee of a patent application is due on the second anniversary of the patent's filing date and thereafter, renewal fees are due on an annual basis. Once a patent is granted by the EPO and validated in Italy, the renewal fee is paid to the Italian Patent and Trademark Office (UIBM).
For example, if the filing date of a patent is 2017-06-15, and the grant date is 2023-04-25, you will have to settle the renewal fee with the EPO starting from 2019-06-30 onwards until 2022-06-30. From 2023 onwards, you will have to settle the renewal fee with the Italian Patent Office starting from year 7.
National patent: Prior to the grant, an Italian patent application is in its filing stage. You will have to pay the renewal fee to the Italian patent office irrespective of whether the patent has been granted or not. The first renewal fee of a patent application is due on the fifth patent year starting from the filing date.
Italian patent validated through the European Patent Office (EPO): Prior to the grant, the patent application is in its filing stage with the EPO. You can only begin paying the renewal fees to the EPO from the second anniversary of the patent's filing date and thereafter, renewal fees are due on an annual basis. However, once the patent has been granted and validated in Italy, the renewal fee is thereafter paid to the Italian Patent and Trademark Office (UIBM).
National patent: Renewal fees can be paid one year before the expiry of the payment due date.
For example, if a renewal due date of a patent falls on 2021-07-31, the payment window to pay the renewal fee will open from 2020-08-01.
National patent: Yes, it is possible to renew an Italian patent after its deadline. If you fail to pay the renewal fee in due time, the patent will move into a 6-month grace period whereby the renewal fees can still be settled. However, when entering a grace period you will incur an increase of 100.00 EUR to that of the original renewal fees. If you wish to maintain the patent, the (new) total renewal fee will have to be settled within the given 6-month timeframe. Failure to pay this fee within the grace period, will result in the patent being lapsed.
Italian patent validated through the European Patent Office (EPO): The same rule which applies to a national Italian patent for missing a renewal deadline also applies to an EP patent in Italy.
It is not mandatory to make use of a local agent or representative when renewing an Italian patent. The Italian Patent and Trademark Office accepts bank transfers. The bank transfer should be accompanied by receipt, purpose and date of effective payment.
In order to maintain an Italian patent, renewal fees need to be settled annually. By settling the renewal fees, the patent is guaranteed to last for a maximum of 20 years from the filing date. This rule is applicable to both national patents as well as to an EP patent in Italy.
You can get in touch with the Italian Patent office via email or phone;
Email: contactcenteruibm@mise.gov.it, dglcuibm.dg@pec.mise.gov.it
Phone: +39 06 4705 5800
For more information on the renewal process in Italy, visit the link to their official website. You can search for Italian patents here.
