(applicable both to SPCs for medicinal products and to SPCs for
plant protection products)
The following information and documents are required to prepare
and file an application for an SPC in Italy:
-
full details about the Applicant(s) - the
Applicant(s) must be the holder(s) of the "basic patent"
or his (their) successor in title;
-
identification of the product to be covered
by the SPC, i.e. its commercial name and the name of the active
ingredient(s)/active substance(s) thereof;
-
full details of the basic patent (Italian
or European patent valid in Italy), i.e. the number and date
of the patent application, the number and date of the granted
patent and the title of the invention;
-
a copy of the first Marketing Authorization
in Italy for the concerned product;
-
a copy the Summary of the Product Characteristics
as approved by the Italian Board of Health - this document is
generally part of the Marketing Authorization mentioned under
item 4;
-
the number, date and country of the first
Marketing Authorization in the European Union (if different
from Italy);
-
if item 6 is applicable, the national legal
provision under which the first Marketing Authorization in the
EU has been granted (e.g. the British Medicines Act of 1968);
-
if item 6 is applicable, a copy of the notice
publishing the first Marketing Authorization for the EU in the
national Official Gazette, clearly showing the date and number
of the said Official Gazette - for SPCs for plant protection
products, if no such notice is published in the national Official
Gazette, a copy of any official document proving that the Authorization
has been issued; should said notice be in a language different
from English or French, a translation into one of these languages
will simplify the work of Italian Attorneys in providing the
required Italian translation;
-
if item 6 is applicable, the Applicant's
confirmation about the identity of the authorized product, i.e.,
the commercial name and name of the active ingredient(s)/active
substance(s) of the product corresponding to the first Marketing
Authorization in the EU;
-
a Power of Attorney simply executed by the
Applicant, or by a legal representative of the applicant company
(no legalization is required);
-
the confirmation by the Applicant that the
basic patent is in force;
-
the confirmation by the Applicant that no
other Italian SPCs have been obtained on the same product besides
the one which is being applied for;
-
in the event that the Italian Marketing
Authorization has not been granted directly to the holder of
the patent, the confirmation by the latter that the said Authorization
has been obtained by the holder thereof under his/its consent.
As to maintenance of SPCs, the first annual fee is due within
the twentieth year of validity of the basic patent, in the anniversary
month of the filing date of the said basic patent.