Since December 23, 2014 to protect an invention in the Republic of San Marino is required to file a national application and to pay national fees.
It is no longer possible to use the reciprocity of recognition of trademarks, patents and design under art. 43 of the Convention San Marino – Italy.
Article 43 applies only to trade marks, patents and designs granted in Italy and / or in San Marino on the basis of national applications submitted to one of the national Office (UIBM for Italy and USBM for the Republic of San Marino).
Article 43 does not apply to trademarks, patents and designs granted on the basis of international agreements (Madrid Agreement, European Patents, Aja Agreement).
Therefore to obtain protection in the Republic of San Marino it is mandatory to file an application in the San Marino Republic or in Italy.
All applicants from countries other than Italy depositing patents, trademarks or design through international conventions (WIPO and EPO) for obtaining protection in Italy and San Marino will file an applicaiton both in Italy and in San Marino, paying fees in the two countries.
The Italian filing, that following the introduction of the novelty research carried on by the EPO has become very attractive now acquires more importance because it allows to be protected in the Republic of San Marino.