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Patents According to Iranian Law
According to the provisions of the Articles 26 and 27 of the Iranian Trademark and Patent Law, discoveries of new industrial products, new processes, additions and changes in existing ones, and aiming at producing a new industrial or agricultural product, are considered as inventions, and therefore, are patentable.
Our legal system in this respect is declarative, but contrary to the adoptive system, inventions that are filed as independent patents now, have to be examined by the Registration Office for their novelty.
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Non Patentable
No application can be filed for the following
1- Financial plans
2- Any invention or improvement of an invention disturbing public order or contrary to morals or against public health.
3- Formulae or pharmaceutical compositions.
It must be said that paragraph 3 of the article “formulae and pharmaceutical compositions” is now not applicable. This is due to the fact that our office has always resisted the relevant authorities when they have misinterpreted the laws and regulations.After several years of supporting our brief in different courts of justice, our office has finally succeeded in obtaining a Judgment on Identical Ruling of the General Board of the Supreme Court No. 615 dated 19.01.1376 = 08.04.1997, for registration of ‘pharmaceutical patents’ banned for registration for several years, according to paragraph 3 of Article 28 of the Patent Law. Consequently, since this judgment, pharmaceutical patents are registerable.
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Kinds of Patents
Conventions
They are granted for a maximum of 20 years, based on foreign priorities, and claimed in an application filed during the convention year.
Independent
Granted for a maximum of 20 years, on non convention applications, filed without claiming convention priority. The application will be referred to a commission of three experts in the Registration Office for a quasi-novelty examination. Such examinations are time- consuming and economically not recommendable, because all the specifications and claims have to be translated, and most of the time, result in the rejection of the patent. Afterwards, if the application is rejected, the possibility of filing the same as a Importation Patent is not feasible anymore.
Patents of Additions / Improvements Patents
Although the law regarding the registration of patents has foreseen chapters for patents of addition or improvement, the Iranian Registration Office has no statutory law for these improvements or additions. Therefore, a patent once registered cannot be improved or altered. Any kind of addition or improvement is thus considered as a new patent application and the formalities are the same as a new patent application.
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Late Filing of Documents
Although it is preferable to have all the documents in hand at the time of filing two times three months period is granted to submit the necessary documents. |
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Annuities
The first annual tax is paid at the moment of filing. Subsequent payments must be made on/or before the anniversary of filing, or per anticipation. A period of grace of 6 months is allowed for belated payments. However, a 100% fine will apply for late payments. If the taxes are not paid before the expiry date of the said period of grace, the patent will lapse.
The official taxes are different for periods of 1 to 5, 6 to 10, 11 to 15 and 16 to 20 years |
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Working
The patent will be liable to a cancellation action by any interested party, if it is not commercially used within five years from the date of registration. Although there are no explicit provisions concerning the requirements of nominal working, instead of actual working, however, it is recommended that nominal working be effected on or about the 5th anniversary of registration. It should be repeated yearly, thereafter, so as to serve as proof in case of a possible cancellation action. The necessary procedure is the publication of a notice in the local press offering the licence of the subject patent. |
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Changes
According to the Iranian Trademark and Patent Law, all changes brought about in an invention previously registered must be recorded in the Registration Office. During the validity period of a Letters-Patent, changes in the ownership, name and address of the patentee should be recorded with the Patent Office.
Change of Name
Change of Address
Merger
Change of Legal Status
Assignment
Duplicate
License
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