Traditional Knowledge Laws: Italy

Trigger of Disclosure

Article 170 bis

2. The provenance of biological material of animal or plant origin, which is the basis of the invention, is to be declared together with the application of the patent both with reference to the country of origin, in order to verify compliance with import and export legislation, and in relation to the biological organism from which it was isolated.

Content of Disclosure

Article 170 bis

2. The provenance of biological material of animal or plant origin, which is the basis of the invention, is to be declared together with the application of the patent both with reference to the country of origin, in order to verify compliance with import and export legislation, and in relation to the biological organism from which it was isolated.

Consequences of Non-Compliance

Article 170 bis

7. If the Italian Patent and Trademark Office ascertains the lack of the conditions for patenting a biotechnological invention or the failure to file the declarations under paragraphs 2, 3 and 4, shall proceed in accordance with Article 173, paragraph 7, and in the event it determines the absence of the conditions for patenting as set forth by Articles 81-quater, 81-quinquies and Article 162, it shall reject the application.

Article 173 Observations

7. […] the Italian Patent and Trademark Office assigns the applicant a term of two months to submit observations. Once that term has expired, if no observations have been submitted or if the Office does not believe that it can accept those submitted, the application or request is rejected in full or in part.