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Primacy of European patent on the national one

The end of the effects of the Italian patent resulting from the replacement of the European patent works “in so far as it protects the same invention", since there must be a coincidence in the scope of protection. In the case where the content of the European patent is not quite comparable with that of the Italian patent, whose scope of protection is more extended, the Italian patent, according to the principle of primacy of the European patent, is ineffective for the part contained in it, but not also for the remaining part, not covered by the scope of the European patent protection.

Milan Court, sentence no. 729 of 20th Jan 2016© Jul 11 2016

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