Introduction To Intellectual Property Law In Italy

1. PATENTS

The regulation of patents in Italy is governed by the provisions of the Civil Code (Arts. 2584-2591) and the Patent Act No. 1127 of 1939 as revised by Law No. 338 of 1979 (‘PA’). Italian patent law has also been amended to comply with the patent provisions of the TRIPS Agreement 1995.

Patents protect ‘inventions’ – a term covering both new products and processes.

Discoveries, scientific theories, mathematical methods, schemes, rules and methods for performing mental acts, playing games or doing business, computer programs, and the presentation of information are excluded from patentability. Methods of treatment of the human or animal body are also specifically excluded. Following the TRIPS Agreement this does not exclude micro-organisms and essentially biological processes for the production of plants or animals other than non-biological and micro-biological processes.