London Protocol
Recent ratification of London Protocol in some European nations has generated a number of enquiries concerning the eventual date on which the London Protocol will enter into force in Italy and its impact to the validation procedure and costs for European Patents designating Italy .
For the sake of clarity, we should like to inform that, unless different baselines are expressed by the next to be established Government in Italy, our Patent Office and Governmental Authorities are not inclined to ratifying the London Protocol, at least for the present time. Therefore, no immediate changes to the conditions for validating European Patents in Italy are to be expected.
We are taking this opportunity to confirm that the provisions under Art. 70(3) of the EPC are fully applicable in Italy . According to these provisions, the Italian translation is regarded as the authentic text (except in revocation proceedings), and should the Italian translation confer a narrower protection that the original procedure text, f.i. due to translation errors, then the narrower protection will apply in infringement proceedings until the errors are corrected by filing an amendment petition. No time limits exists for taking such an action, the effects of which run as of its filing date.
For these reasons, it is extremely important that the Italian translations of European Patents be prepared under care of Patent Attorneys, who can assure a reliable translation.
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