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Free Practice Questions for Consulente in Proprietà Industriale — Brevetti

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Key Facts: Consulente in Proprietà Industriale — Brevetti Exam

21/30

Minimum Score in the Written Test and in the Oral

MIMIT decree of 15 December 2025, Art. 7

25 June 2026

Written Test Date (Milan)

MIMIT decree of 15 December 2025, Art. 3

€150

Exam Contribution

MIMIT decree of 15 December 2025, Art. 6

2 years

Minimum Traineeship (12 months with a qualified course)

D.Lgs. 30/2005, Art. 207

Italy's patent attorney qualifying exam combines a patent drafting test with short answers and a broad oral, each requiring at least 21/30. This bank is an independent English-language MCQ study adaptation for the legal subjects.

Sample Consulente in Proprietà Industriale — Brevetti Practice Questions

Try these sample questions to review concepts for the Consulente in Proprietà Industriale — Brevetti exam. Each question includes a detailed explanation. Start the interactive quiz above for the full 100+ question experience with AI tutoring.

1Under Article 45, paragraphs 2 and 3, of the Italian Industrial Property Code (CPI, D.Lgs. 30/2005), which subject matter is not considered an invention, and within what limit?
A.New chemical compounds synthesized in a laboratory, because they are not found in nature as such
B.Discoveries, scientific theories, mathematical methods and computer programs, but only when claimed as such
C.Industrial manufacturing processes carried out by hand, since manual operations lack any technical character
D.Microbiological processes and their products, which are always treated as unpatentable living matter
Explanation: Article 45, paragraph 2, CPI lists what is not considered an invention: discoveries, scientific theories and mathematical methods; schemes, rules and methods for intellectual activities, games or business, and computer programs; and presentations of information. Under paragraph 3, these are excluded only to the extent that the application or patent concerns them as such (in quanto tali).
2Computer programs are listed in Article 45, paragraph 2, CPI. When can an invention implemented by a computer program nevertheless be patented in Italy?
A.Only if the source code is deposited with SIAE before the patent application is filed at UIBM
B.Only if the program is stored in read-only memory and cannot be modified by the end user
C.When the claim is not to the program as such, for example because it produces a further technical effect
D.Never, since software is protected exclusively by copyright under Law 633/1941 as a literary work, not by patents
Explanation: Article 45, paragraph 3, CPI excludes computer programs only as such. Following EPO practice under the corresponding Article 52(2) and (3) EPC, a computer-implemented invention is patentable if it has technical character, for example where running the program produces a further technical effect beyond the normal physical interactions between program and computer, and it meets the other requirements.
3Under Articles 45, paragraph 4, and 46, paragraph 4, CPI, what is the status of methods of surgical or therapeutic treatment and diagnostic methods applied to the human or animal body, and of known substances for a new use?
A.Both the methods and any substance or composition for use in them are excluded from patent protection altogether
B.The methods become patentable once their safety has been confirmed in completed clinical trials
C.Diagnostic methods are patentable, while surgical and therapeutic treatment methods remain excluded
D.The methods cannot be patented, but a known substance or composition can be patented for a new use in them
Explanation: Article 45, paragraph 4, letter a), CPI provides that methods for surgical or therapeutic treatment of the human or animal body and diagnostic methods applied to the human or animal body cannot be patented. Article 46, paragraph 4, provides that the novelty rules do not exclude the patentability of a substance or composition already in the state of the art, provided it is for a new use. This allows medical use claims for known substances.
4Under Article 46, paragraph 2, CPI, what makes up the state of the art (stato della tecnica)?
A.Everything made accessible to the public in Italy or abroad before the filing date, by any means
B.Only documents published in Italy or filed with UIBM before the filing date of the application under examination
C.Only granted patents and published patent applications anywhere in the world before filing
D.Only written or oral disclosures made in the 12 months immediately preceding the filing date
Explanation: Article 46, paragraph 2, CPI defines the state of the art as everything made accessible to the public in Italy or abroad before the filing date of the patent application, by written or oral description, use or any other means. Novelty is therefore absolute. Under Article 47, paragraph 3, where priority is claimed the relevant date is the priority date.
5Under Articles 46, paragraph 3, and 48 CPI, how are earlier Italian, European or international applications with effect for Italy treated if filed before, but published on or after, the filing date of the application under examination?
A.They count as state of the art for both novelty and inventive step from their filing date
B.They count as state of the art for novelty only, not for the assessment of inventive step
C.They never count as state of the art because they were not yet public on the filing date
D.They count only if the earlier applicant consents to their use against the later application
Explanation: Article 46, paragraph 3, CPI includes in the state of the art the content, as filed, of Italian applications, European applications designating Italy and international applications with effect for Italy that have an earlier filing date and are published on or after the filing date. Article 48 provides that these documents are not taken into account for inventive step.
6Under Article 47, paragraphs 1 and 2, CPI, which disclosures are not taken into account when assessing novelty?
A.Any disclosure made by the inventor personally, in any form, during the 12 months before the filing or priority date
B.Any disclosure in a scientific publication by the inventor within six months before filing
C.Disclosures in the six months before filing caused by evident abuse, and disclosures at recognized exhibitions
D.None, because Italian patent law applies an absolute novelty standard that admits no exceptions of any kind
Explanation: Article 47, paragraph 1, CPI provides that a disclosure is not considered if it occurred in the six months before filing and results directly or indirectly from an evident abuse against the applicant or its predecessor in title. Under paragraph 2, disclosure at official or officially recognized exhibitions under the Paris Convention on international exhibitions of 22 November 1928 is also not considered. Italian patent law has no general grace period for the inventor's own publications.
7How does Article 48 CPI define inventive step (attività inventiva)?
A.The invention has achieved commercial success that competitors failed to reach with earlier products
B.The invention combines at least three technical elements that were each new on the filing date
C.The invention could not have been conceived by an average inventor holding a relevant university degree
D.The invention is not obvious to a person skilled in the art, having regard to the state of the art
Explanation: Article 48 CPI provides that an invention involves an inventive step if, for a person skilled in the art (persona esperta del ramo), it does not result obviously from the state of the art. Earlier applications published later (Article 46, paragraph 3) are not considered for this assessment.
8Under Articles 49 and 50 CPI, when is an invention industrially applicable, and when is it excluded as unlawful?
A.It can be made or used in any industry, including agriculture; it is excluded if exploiting it offends public order or morality
B.It is applicable only if mass production is planned within six months; it is excluded if it lacks a market
C.It can be used in any kind of industry, including agriculture; it is excluded whenever a legal or administrative provision prohibits its use
D.It must be usable in manufacturing industry, excluding agriculture; it is excluded if it is dangerous to use
Explanation: Article 49 CPI provides that an invention is industrially applicable if its subject matter can be made or used in any kind of industry, including agriculture. Article 50 excludes inventions whose exploitation is contrary to public order or morality, but specifies that exploitation is not contrary to them merely because it is prohibited by a legal or administrative provision.
9Under Article 51 CPI, what must a patent application for an invention contain, and what standard of disclosure applies?
A.A title and drawings, since the claims may be added only after the prior art search has been completed
B.Description, claims and necessary drawings, disclosing the invention clearly enough for a skilled person to carry it out
C.A description and claims together with a business plan and a working prototype of the invention
D.A description and the inventor's dated laboratory notebooks proving the date and method of invention
Explanation: Article 51, paragraph 1, CPI requires the description, the claims and the drawings needed to understand the invention. Paragraph 2 requires the invention to be described clearly and completely enough for any person skilled in the art to carry it out, and to be identified by a title corresponding to its subject matter. Insufficient disclosure is a ground of nullity under Article 76, paragraph 1, letter b).
10Under Articles 62 and 63 CPI, what is the position of the inventor's moral right and the economic rights?
A.Both the moral right and the economic rights may be freely transferred by written contract
B.The moral right to be named as inventor is not transferable, while the economic rights can be transferred
C.The moral right lapses with the patent after 20 years, while the economic rights pass to heirs
D.The moral right belongs to the employer whenever the invention is made in performing the employment contract
Explanation: Article 62 CPI provides that the right to be recognized as author of the invention may be exercised by the inventor and, after death, by the spouse and descendants up to the second degree, then parents and other ascendants, and then relatives up to the fourth degree. Article 63, paragraph 1, provides that rights arising from inventions, except the right to be recognized as author, can be transferred. Paragraph 2 gives the right to the patent to the inventor and their successors in title.

About the Consulente in Proprietà Industriale — Brevetti Exam

Passing this state qualifying exam allows entry in the patent section of Italy's Albo dei consulenti in proprietà industriale, which covers inventions, utility models, designs, plant varieties and semiconductor topographies. It is governed by Article 207 of the Industrial Property Code (D.Lgs. 30/2005). The 2026 session, called by decree of 15 December 2025, set the written test for 25 June 2026 in Milan. OpenExamPrep offers independent practice for the legal subjects as an English-language MCQ study adaptation. It keeps Italian legal terms and statutory references but is not an official translation and does not replace drafting or oral practice.

Exam sponsor: MIMIT — Direzione generale per la proprietà industriale (UIBM). The requirements and fees below concern the certification or admission exam, separate from our free practice resources.

Assessment

Written: a practical test drafting a patent for an invention or utility model, with short written answers on patent law; at least 21/30 is needed for the oral. Oral: public and private law, competition law and civil procedure, plus chemistry, mechanics or electricity; patent and utility model law and procedures, professional rules and the code of conduct; EU and international industrial property law; elements of comparative law; and at least one of English, German or French. At least 21/30 is needed to pass.

Time Limit

Duration of the written test and oral not stated in the 2026 decree

Passing Score

At least 21/30 in the written test and at least 21/30 in the oral

Exam / Certification Fees

€150.00 exam contribution to the Consiglio dell'Ordine

Exam sponsor website

Fees, eligibility, and exam policies can change. Confirm them with the exam sponsor before applying or paying.

Official sources

Our practice resources: topics covered

We aim to reflect publicly available exam outlines and topic information in our study resources. Coverage, format, and difficulty may differ from the actual exam, and we cannot guarantee that every detail is accurate or current. Confirm exam requirements, fees, and policies with the official exam sponsor.

28%

National Patent Law

Patentability, inventor and employee rights, infringement, exceptions, licences, nullity and term.

22%

Filing, Grant, Enforcement and UIBM Procedure

Applications, examination, priority, utility models, appeals, recording, re-establishment and civil remedies.

22%

European Patent, PCT, Unitary Patent and UPC

EPC procedure and patentability, validation in Italy, PCT, unitary effect and the UPC.

12%

Designs, Topographies, Plant Varieties and Trade Secrets

Other titles covered by the patent section and trade secret protection.

10%

Professional Rules and General Law

Albo, representation, incompatibility, secrecy, court competence and competition law.

6%

Comparative Industrial Property Law

Selected US and Japanese patent rules.

Preparing for the Consulente in Proprietà Industriale — Brevetti Exam

What You Need to Know

  • Passing score: At least 21/30 in the written test and at least 21/30 in the oral
  • Assessment: Written: a practical test drafting a patent for an invention or utility model, with short written answers on patent law; at least 21/30 is needed for the oral. Oral: public and private law, competition law and civil procedure, plus chemistry, mechanics or electricity; patent and utility model law and procedures, professional rules and the code of conduct; EU and international industrial property law; elements of comparative law; and at least one of English, German or French. At least 21/30 is needed to pass.
  • Time limit: Duration of the written test and oral not stated in the 2026 decree
  • Exam / certification fees: €150.00 exam contribution to the Consiglio dell'Ordine Official sources

Using Our Practice Resources

  • Work through all 100 available questions
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Consulente in Proprietà Industriale — Brevetti: Suggested Study Strategy

1Practise drafting full patent specifications with independent and dependent claims, since the written test is a drafting exercise, not a quiz.
2Read the CPI in its current consolidated text, including the Law 102/2023 changes to research inventions, re-establishment and filing procedure.
3Learn the EPC and PCT time limits together (priority, publication, examination request, opposition and regional phase entry) and compare them with the Italian rules.
4Cover designs, plant varieties and topographies as well as patents: the patent section of the Albo includes all of them.
5Prepare the professional rules in Articles 201–207 CPI and the Ordine's code of conduct for the oral.

Frequently Asked Questions

How is the Italian patent attorney qualifying exam structured?

Under the 2026 decree, candidates take a practical written test drafting a patent for an invention or utility model, with short written answers on patent law. Those scoring at least 21/30 take an oral on general law and a technical subject, patent law and procedure with professional rules, EU and international IP law, comparative IP law and at least one of English, German or French. The oral also requires at least 21/30.

Who can sit the exam?

Under Article 207 CPI, candidates need a university degree or equivalent title and at least two years of documented traineeship in industrial property, or twelve months after a qualified training course. Candidates who passed the EPO European qualifying examination are also admitted. The 2026 application had to include the degree, the traineeship certificate (or a statement of its completion date) and proof of the €150 contribution.

When is the exam held?

Article 207 CPI provides for the exam every two years. The 2026 session was called by decree of 15 December 2025, published in the Gazzetta Ufficiale of 13 January 2026, with the written test set for 25 June 2026 in Milan. The previous session's written test was set for 12 June 2024. Check UIBM and the Ordine for oral dates and future sessions.

What happens after passing?

Successful candidates apply on stamped paper to the Consiglio dell'Ordine for entry in the patent section of the Albo, proving the requirements of Article 203 CPI, such as civil rights, good conduct, EU citizenship or reciprocity and a professional domicile. Those registered only in the patent section use the title consulente in brevetti.

Are OpenExamPrep questions official exam questions?

No. OpenExamPrep provides independent practice for the legal subjects as an English-language MCQ study adaptation. The real exam is an Italian-language drafting test and oral, so practise drafting claims and explaining rules aloud alongside these questions.