PCT Update – Italy Opens National Phase

International (PCT) applications can now enter directly into the Italian national phase without going through the European patent system.

PCT National/Regional Phase

Some European countries do not allow entry into the national phase directly from a PCT application, and instead require the applicant to enter the European regional phase and then validate the resulting European patent in the country concerned.

What countries have closed their national route?

Currently, to obtain a patent via the PCT in Belgium, Cyprus, Greece, France, Ireland, Latvia, Lithuania, Malta, Monaco, Netherlands or Slovenia, the applicant must enter the European regional phase and prosecute the European application to grant.

Until recently, Italy also required applicants to use the European route. However, applicants who file a PCT application on or after 1 July 2020 will be able to request direct entry into the Italian national phase.

Entering the Italian national phase

Entry into the Italian national phase must be performed by 30 months from the priority date, and is effected by filing a request, paying the national fee and filing a translation of the complete text of the international application (i.e. the description, claims, amendments in the international phase, abstract and any text in the drawings).