The Law No. 102 of 24 July 2023 amending the Industrial Property Code has been published.

It amends Legislative Decree of 10 February 2005, No. 30, and it will enter into force on 23 August 2023.
One of the main changes is the introduction of the possibility for an Italian patent to maintain its effects and to coexist with a European patent valid in Italy or with unitary effect, claiming the same filing or priority date, even if the European patent is subsequently revoked or lapses. However, prior to the entry into force of Law 102 of 24 July 2023, the Italian patent, to the extent that it protects the same invention as the European patent or the European patent with unitary effect, will cease to produce its effects. This change is aimed at potentially increasing the protection of the rights of inventors in relation to the entry into force of the Unified Patent Court.
Another important innovation is the reform of Art. 65 on Inventions of Researchers, Universities, Public Research Institutes and Scientific Hospitalisation and Treatment Institutes - IRCCS. Prior to the entry into force of the new legislation, the researcher was the exclusive owner of the rights resulting from the patentable invention of which he was the author. Now, on the contrary, the rights resulting from the invention belong to the structure to which the inventor belongs, except for the inventor's right to be recognised as the author of the invention.