Laws

These are the main Italian laws regarding patent activity:

• Civil code: art.2584-2591;
• Royal decree: n. 1127 del 29/06/1939;
• Decree of the President of the Italian Republic 10th January 1957, n. 3. Art.34 “Statuto degli impiegati civili dello Stato” (statute for civil servants of the state);
• Law 18th October 2001 n. 383 (art.7) “Tremonti bis"
  This law introduces a specific rule for inventions carried out by university and public research bodies, changing what was decided in the statute for civil servants of the state and in  royal decree 1127 in 1939. These workers are the only holders of the rights that arise from their inventions.
• Legislative decree 10th February 2005, n.30  “Codice della proprietà industriale”-code for industrial property- (art.64 e art.65)
  This code provides for a rational reorganization of the whole industrial property discipline. It also provides for a rule simplification and a coordination of national and community sources; a redefinition of the competences of the Italian patent and trademarks office; in particular, it protects the inventions of  university and public research bodies. More specifically, as regards the latter, art.65 picks up what is written in art.7 belonging to the law of year 2001 called “Tremonti bis”, with the addition of a comma, the fifth, which exonerates all funded and co-funded researches from this discipline.
• Ministerial decree 27th June 2008:  Ricerca di anteriorità relativamente alle domande di brevetto per invenzione industriale