To patent or not: perspectives on managing academic inventions under Italian patent law

Matching the optimal model of ownership of academic inventions with a country’s legal, institutional, and cultural context remains a complex issue - one that lies at heart of contemporary innovation policy. While researchers cannot be compelled to invent, they can be inspired and supported through effective legal frameworks and institutional practices in identifying and advancing inventions. This article critically examines Italy’s evolving approach to academic patent ownership, focusing on the 2023 amendment of Article 65 of the Industrial Property Code. The reform introduced an institutional ownership model that grants universities and public research bodies the “right of first choice” in pursuing patent protection, while inventors retain the right to file a patent application if the institution declines. This framework creates a hybrid legal model, combining institutional control with conditional inventor autonomy. Despite the significance of this change, legal scholarship has yet to fully address the interpretive ambiguities of the revised law or the institutional challenges of implementing it. This article fills that gap through a detailed legal analysis of Article 65 and an examination of its practical implications, particularly for Technology Transfer Offices (TTOs). It identifies areas where internal governance is essential and argues that institutional flexibility, paired with targeted investment in TTO capacity - is key to the reform’s success. This institutional role of TTOs is also contextualized as having a role in minimizing transaction costs within the academic innovation ecosystem. Ultimately, this article argues that while no legal model can guarantee invention, a well-supported and institutionally aligned implementation of the 2023 reform provides a strong foundation for enhancing academic patenting and fostering innovation across Italian universities and public research institutions.