New Plant Varieties

– Regulation No. 2100/94/CE of July 27, 1994, relating to the Community protection right for plant varieties.
– Legislative Decree No. 30 of February 10, 2005 (Industrial Property Code), as amended by Legislative Decree No. 131 of August 13, 2010, by the Decree of November 13, 2019, and by Law No. 102 of July 24, 2023, in force since August 23, 2023.
– Decree No. 33 of January 13, 2010 (Implementing Regulation to the Industrial Property Code).
– Decree on New Plant Varieties of November 26, 2019, published on February 7, 2020.

Membership in International Conventions

– International Convention for the Protection of New Varieties of Plants (UPOV), since July 1, 1977, Act of 1978 since May 28, 1986.

Filing

Applicant: the breeder or his successor in title.

Kinds of plants: all plant genera and species.

Conditions for protection: a plant variety may be protected provided that it is (a) novel, (b) distinct, (c) homogeneous, (d) stable. (a) Novelty: a variety is not new if at the date of filing, it has been available to the trade in Italy for more than one year or it has been so available elsewhere for more than four years, six years for vines and trees; (b) Distinguishability: a variety is not distinct if it is not clearly distinguishable from any other variety whose existence, at the date of filing, is generally known; (c) Homogeneity: a variety is not homogeneous if it is not sufficiently uniform in its relevant characters; (d) Stability: a variety is not stable if its relevant characters do not remain unchanged after repeated propagation.

Filing requirements for an application (to be sent to registered resident agent):
1. Full name of applicant(s) and representative (if any), his/her nationality and domicile;
2. Name of the genus or the species of the new variety in Italian and Latin;
3. The designation proposed to identify the variety (plant denomination);
4. Designation of the inventor;
5. Details of the priority claimed, if any;
6. Description of the variety;
7. A declaration under article 165 of the Industrial Property Code, providing i.e. information on examination of corresponding applications in other countries, as well as the consent to provide the reproduction or multiplication material of the variety;
8. Power of attorney (no legalization required);
9. Photograph(s) of the variety;
10. Priority documents (term for belated filing: six months). An Italian translation must be attached thereto;
11. Additional documents or information which applicant(s) consider useful for examination of the application;
12. Receipt for payment of the application fee and the power of attorney fee.

Examination Procedure

The Patent Office checks the formal regularity of the application and the regularity of the proposed plant denomination. The examination of the conditions for protection is carried out by the Ministry of Forestry and Agricultural Policies. Upon publication of the application, third parties may file observations according to Art. 173 (2) of the Italian Intellectual Property Code.

Granting, Protection

At the end of the examination, the Patent Office either grants or refuses the application.

No opposition proceedings are provided for.

Appeal: a rejection can be appealed before the Board of Appeals. No further appeals are allowed should the Board of Appeals confirm the rejection.

Duration: twenty years from grant; thirty years from grant for vines and trees.

Renewal fees: renewal fees are payable annually as from the grant of the breeder’s right.

Enforceability of the patent: legal actions including petitions for judicial description and seizures can be sought as of the filing date of the application. During the period between the publication of the application and the grant of the breeder’s right, the breeder is entitled to equitable remuneration from any person who, during said period, has carried out acts which would require the breeder’s authorization. Farm-saved seeds are not exempted from the breeder’s right.