– Law No. 64 of June 24, 1997, on Patents, Trademarks, Utility Models and Designs.
– Decree No. 74 of June 29, 1999.
– Decree No. 94 of July 1, 2004.
– Law No. 79 of May 25, 2005, as amended by Law No. 114 of July 20, 2005 and Law No. 189 of December 5, 2011.
– Council Decree No. 48 of March 31, 2009.
– Law Decree No. 76 of June 22, 2009, as amended by Law Decree No 141/2019.
– Parliamentary Decree No. 217 of December 23, 2014.
– Law Decree No. 141 of September 16, 2019.
– Delegated Decree No. 126 of July 12, 2021.

– Paris Convention for the Protection of Industrial Property, Stockholm Act, since March 4, 1960.
– Convention Establishing the World Intellectual Property Organization (WIPO), since June 26, 1991.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since February 13, 1995.
– Patent Cooperation Treaty (PCT), since December 14, 2004.
– European Patent Convention, since July 1, 2009.

Applicant (who may be): the inventor or his assignee (individual, firm, company).

Inventor: appointment of inventor is compulsory.

Representation before the Patent Office: foreign applicants must be represented by a representative registered on the list of official representatives unless they file the applications directly or in the case of legal bodies, through employees domiciled in the country.

Importation or confirmation patents: not provided for.

Secret patents: not provided for.

Patents of addition: not provided for.

Novelty: absolute novelty required, but six months grace period is provided for disclosure made by the patent owner.

Patentable inventions: the requirements correspond to Art. 52 of EPC.

Not patentable: exclusions similar to those provided by EPC.

Pharmaceutical inventions: patentable.

Priorities: multiple and partial priorities admissible.

Territory covered: Republic of San Marino and possibility to enforce in the Republic of Italy.

Filing requirements for an application (to be sent to registered agent):
1. Unlegalized power of attorney (term for late filing: two months);
2. Specification in Italian;
3. Appointment of inventor (term for late filing: two months);
4. Drawings in triplicate (paper drawings are acceptable) and one file copy, size 21 x 30 cm (term for late filing: two months).

Convention cases only:
5. Certified copy of foreign application (term for late filing: six months);
6. Assignment of priority rights to be executed before the filing date in San Marino, only if the applicant in San Marino is other than the applicant abroad. Legalization by Apostille (or by consulate).

Note: due to the COVID-19 pandemic, as long as the state of emergency persists, and at least until December 31, 2021, the obligation to file the original copy of the application for patent, trademark and design applications is suspended, provided they are filed electronically.

For a change of name or address: scanned copy of the document attesting the change. Legalization is not required.

PCT applications: time limit for entering the national phase under both Chapters I and II: 31 months. If designated/elected for a European patent applicable time limit is 31 months (Chapters I and II). Filing Office: from January 1, 2020, the USBM (Ufficio di Stato Brevetti e Marchi) is no longer a receiving Office according to R 19.1 PCT; applicants residing in San Marino or citizens thereof shall file international applications directly with WIPO or the EPO instead. Moreover, from January 1, 2020, San Marino has closed its national route to obtaining patent protection on the basis of an international application.

EP applications: from January 1, 2020, the USBM is no longer a filing Office according to Art. 75(1)(b) EPC; therefore, applicants should not expect the USBM to forward European patent applications to the EPO, and instead file directly with the EPO.

Publication: applications are published eighteen months after the filing date or the priority date claimed, if any; anticipated publication may be requested at any time, even upon filing the application.

Observations: after publication, third parties may submit observations or evidence of a prior disclosure arguing against patentability of the invention. The observations in written form provided with the relative grounds are attached to the file of the patent application. Search reports submitted relating to parallel patent applications abroad together with the observations, if any, and the prior disclosures are communicated to the applicant who may file refutations.

Novelty search: the applicant by paying the relative official fees may request that a novelty search be carried out with any authority or national or international organization, either public or private, which entered into a corresponding agreement with the Patent and Trademark Office of San Marino. Such a request may be filed at any time until the date of grant of the patent. In case a request for a search is filed, grant of the patent is postponed until the search results are communicated. The applicant may request a prior art search to be performed by the European Patent Office, by virtue of the working agreement between the EPO and the Republic of San Marino on cooperation in patent searches.

Appeal: should the patent application be rejected, the applicant may lodge an appeal. Otherwise the patent is granted and grant is published in the Official Bulletin.

Beginning of protection: provisional protection as of the date on which the specification (and drawings, if any) have been published (i.e. eighteen months from the filing date or priority date, if any).

Delivery of document: the patent registration certificate is issued in paper format.

Duration of protection: twenty years from filing date of the application.

Annuities: payable on an annual basis from the year on which the application has been filed. Belated payment with fine within six months.

Exhaustion of patent rights: patent rights are exhausted once the product covered thereby has been marketed by the patentee or with his consent within the territory of the Republic of San Marino.

Recordal of assignments and licenses: the deed of assignment and the license agreement must be executed by both parties, respectively, attested by a Notary Public and legalized by Apostille or by consular legalization.

Working: a patent should be worked by commercial exploitation in the Republic of San Marino or the Italian State to an extent such as not to be severely disproportioned with the needs of the Republic of San Marino. Importation or sale in the territory of San Marino of products manufactured abroad constitutes working of the invention. Compulsory license provisions: provided for.

Modification and rectification after grant: admissible, provided they do not involve an extension of the scope of the patent.

Rights conferred by the European patent application: exclusive rights may be claimed on the basis of a published European application provided an Italian translation of the claims thereof is made available to the public through the Office or served to alleged infringer.

Rights conferred by the European patent: the European patent granted for San Marino has the same effect and is subject to the same provisions as a San Marinese patent, provided an Italian translation of the specification and claims is filed with the San Marino Patent and Trademark Office with six months after publication of the mention of the grant in the European Patent Bulletin. In case the patent is opposed and maintained in force in amended form, an amended Italian translation of the claims must be filed within six months after publication of the Decision to maintain the European patent in amended form after opposition.