1 Basis for conversion

Deemed withdrawal pursuant to Art. 77(5) EPC

Deemed withdrawal pursuant to Art. 90(3) EPC because the translation in the language of the proceedings was not filed in time (cf. column 5)

Art. 6

DPR No. 32/1979

2 Procedural steps to be taken

(a) Request for conversion on stamped paper (EUR 11)

(b) Payment of

- the national filing fee (EUR 54);

- the renewal fees for the 1st to 3rd years (EUR 91);

- the publication fee EUR 67 to EUR 809 according to size)

(c) Filing of an Italian translation of the abstract, the description, the claims and of the priority document, if any

Art. 7(2) DPR No. 32/1979

3 Time limit for taking procedural steps referred to in column 2

(b) and (c): In response to a request by the IT Patent Office giving at least 2 months for compliance

Art. 7(2) DPR No. 32/1979

4 Must a national professional representative be appointed?

Not required for procedural steps referred to in column 2; an authorised professional representative before the EPO is not required to file a new authorisation. However, an address for service in Italy must be given.

5 Special features

The IT Patent Office first requires the applicant to give an address for service; only then does it despatch the request referred to in column 3.

The granting of a utility model may be applied for at the same time as conversion of the EP application.

Art. 6(3), DPR No. 32/1979

EP applications refused by the EPO, withdrawn or deemed to be withdrawn may be converted into an application for registration of a utility model. The same applies to European patents revoked for Italy.

Art. 6(2) DPR No. 32/1979

Art. 8 Law No. 60