Italy jurisdiction report: Interesting Italian patent decisions

This seems to have a big consequence in that the validity of the patent, which is a rebuttable presumption according to Italian Patent Law, cannot be rebutted in such a proceeding.

Another important decision was given by the Turin District Court, on June 1, 2018, (S.E.M./Drink Cup) regarding the validity of a utility model patent. The court explicitly affirmed the need for a utility model, in order to be valid, to express a creative contribution, and reconfirmed the case law according to which a utility model patent needs to meet an originality requirement.