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This is an easy to use Patent Law Information.
For exact data information you have to refer to the Official Pubblications as
original sources.
Italian Psatetn Law Info - EP Law Info
- E.P.Rules
ITALIAN UTILITY MODELS
Legislative Provisions on Industrial Model Patents
(Royal Decree No. 1411 of August 25, 1940, as last amended by Law No. 60 of
February 14, 1987)
TITLE I
General
1. Royal Decree No. 1127, of June 29, 1939, on Industrial Inventions shall
apply, in addition to such inventions, also to
-utility models and
-industrial designs.
However, the provisions of Royal Decree No. 1127 of June 29, 1939 shall have
effect in those fields to the extent that the said Decree is applicable,
subject to the provisions of the Sections that follow.
TITLE II
Utility Model Patents
2. Utility model patents may be obtained for new models capable of affording
special effectiveness or ease of application or use to machines or parts of
machines, to instruments, to utensils and everyday objects, where they consist
in special forms, arrangements, configurations or combinations of elements.
A patent granted for a machine as a whole shall not imply protection of the
parts of the machine.
The effects of a utility model patent shall extend to models having equivalent
utility, on condition that they are based on the same innovative concept.
3. The right to the patent shall belong to the author of the new utility model
and to his successors in title.
However, where such models are created by employees, Sections 23, 24 and 25 of
Royal Decree No. 1127 of June 29, 1939, shall apply unless otherwise agreed.
4. Anyone applying for a patent for invention may, in accordance with Royal
Decree No. 1127 of June 29, 1939, simultaneously file an application for a
utility model patent in the event of the first-mentioned application not being
accepted or only being accepted in part.
Where the application is made in respect of a model instead of an invention or
vice versa, the Central Patent Office shall invite the applicant to amend his
application within the time limit notified to him. (.......)
12. The granting fee may be paid in a single payment or in five-year
instalments.
Sections 46 of seq. and the related provisions of Royal Decree No. 1127 of June
29, 1939, concerning renewal fees for patents for invention shall apply to
payment of the above-mentioned instalments of the granting fee.
13. Sections 54 to 54 sexies of Royal Decree No. 1127 of June 29,1939, as
amended, and Sections 3 and 4 of Decree No. 849 of the President of the
Republic of February 26, 1968, governing the grant of compulsory licenses for
patents for invention shall extend to utility model patents.
In the event of failure to pay instalments of the granting fee, Sections 55 et
seq. and the related provisions of Royal Decree No. 1127 of June 29, 1939,
concerning failure to pay renewal fees for patents for invention shall apply.
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