Patents protect new inventions. For an invention to qualify for patent protection it must be ‘novel’ in the sense that it has not been publicly done before and ‘inventive’, which is slightly more difficult to define, but essentially means ‘not obvious in light of what has gone before’.
Certain types of invention are generally excluded from protection by statute, such as scientific theories or literary works, but other forms of protection such as copyright or trademarks might be available. A patent should be filed before any non-confidential disclosure of the invention.
Patents are territorial rights. For example, an Iranian patent covers only the Iran.
- Filing Requirements
- Examination
- Opposition/Refusal
- Publication
- Beginning of protection
- Duration
- Annuities
- Marking of goods
- Infringement – penalties
- Modification
- Assignment
- Licenses
- Nullification
Filing Requirements:
back to top- The name and address of the applicant
- The title of the invention
- Certified copy of priority documents or abroad registration
- Certified and legalized Power of Attorney by the Iranian consulate
- Certified and legalized copy of the deed of assignment. An assignment form is only necessary if the priority document is in the name of the inventor and the applicant is different from the inventor. However, if the inventor is not mentioned in the priority document and the priority document is in the name of the applicant, there is no need for an assignment form
- A set of specifications, claims (in English) and drawings
Note: preferably all documents must be presented at the time of filing, but a two-month delay is accorded for foreigners to submit the necessary documents. This grant of two-month respite may be requested only once.
Examination
back to topExamination is substantive.
Opposition/Refusal
back to topIn case the application was refused, the applicant may appeal the refusal within 60 days with the Patent Office.
Publication
back to topThe grant of a patent will be published once in the Official Gazette.
Beginning of protection
back to topfrom date of filing the application. If priority is claimed on the basis of foreign application, the priority rights are as prescribed by the Paris Convention or the Patent Cooperation Treaty (PCT).
Duration
back to topA patent can last for up to 20 years from filing, but must be renewed each year by payment of renewal fees. The extension of duration is not possible .
Annuities
back to topThe first annual tax is paid at the moment of filing. Subsequent payments must occur on/or before the anniversary of filing, or per anticipation, six-month grace being allowed for late payments, with 50% fine.
Marking of goods
back to topNot compulsory.
Infringement – penalties
back to topInfringement and unfair competition cases of patents in Iran can be pursued According to the articles 15, 60 and 61 of Patents, Industrial Designs and Trademarks Registration Act of Islamic Republic of Iran.
Modification
back to topIt is likewise compulsory to record the change of name or address at the Registration Office. The required documents including:
- Certified and legalized Power of Attorney by the Iranian consulate
- Certified and legalized copy of change of name or address document
Assignment
back to topit is compulsory to record assignments of each patent at the Registration Office.The required documents are:
- Power of Attorney from the assignee, legalized up to the Iranian Consulate
- Deed of assignment, signed by the assignor and assignee before a Notary Public and legalized up to the Iranian Consulate
Licenses
back to topAny patentee may grant a license of use of his invention provided he records same at the Registration Office. The required documents including:
- The license agreement signed by both parties and legalized up to the Iranian Consulate.
- A Power of Attorney from the Licenser and Licensee, notarized and legalized by the Iranian consulate.
Nullification
back to topAny interested party may refer to the Tehran Court and apply for the cancellation of the Letters Patent, if the invention is not a new invention or the invention is not industrially applicable, or if the patent has been issued contrary to the provisions of the Law, or if the owner of the patent is not the inventor or his successor in title.