Patent

Patent is any new invention or discovery in various fields of industry, profession, technology etc. that will give exclusive right to the inventor or discoverer to benefit from his patent.

  • A patent may be registered under the following conditions:

 

-          Containing a new innovation and having an industrial use,

-          Not existing in the same industry or technology before.

 

  • The followings cannot be protected as a Patent:

 

-          Explorations, Scientific Theories, Mathematical Methods, Artworks,

-          Principals and theories of Business and other Social and Intellectual Activities,

-          Methods for diagnosing and treating Human and Animal Diseases (Excluding related products)

-          Genetic Resources and their Genetic Components and the Biologic Procedures for their production,

-          Anything that has been anticipated in the field of the same industry or  technology,

-          Patents those are contrary to the Islamic Law, Public Order and Public Morality.

 

Filing:

The followings are required in order to file a Patent application:

  • Full name, address, phone and fax numbers, email address and nationality of the applicant(s), if the applicant(s) is an individual. OR, Full name, address, phone and fax numbers, email address, field of activity, place of registration, number of registration and nationality of the applicant(s), if the applicant(s) is a legal entity,
  • Full name, address and nationality of the inventor(s), if different from applicant(s),
  • Title of the Invention,
  • One set of the formal drawings relating to the invention (if any).
  • A power of attorney signed by the applicant(s) and duly certified and legalized up to the Iranian Consulate,
    • A copy of passport of the applicant(s), if the applicant(s) is an individual, OR a copy of Company Registration Document of the applicant(s), if the applicant(s) is a legal entity,
    • A copy of passport of the inventor(s),
    • A certified copy of home application duly legalized up to Iranian Consulate (if any).

 


 

Types of patents:

- Patent of Convention

- Patent of Importation

- Patent of Independent

 

Patent of Convention:

Patent of convention is based on a foreign priority and is valid for a period of twenty years from the Iranian filing date. This type of patent must be filed within twelve months from the original filing date. The life of the patent is for twenty years and annuity must be paid each year on the anniversary of the Iranian filing date. For this type of patent only the claims and few pages of certified copy of priority document require translation.

Patent of Importation:

Patent of importation is based on a foreign granted patent and is valid for the remaining life of the foreign patent. Annuity must be paid each year on the anniversary of the Iranian filing date. For this type of patent only the claims and few pages of patent certificate requires translation.

Patent of Independent:

Patent of independent is a patent that is not based on any foreign registration or application, and will be filed in Iran without any priority. The life of the patent is twenty years from filing date in Iran. For this type of patent specifications and claims must be translated into Persian.

 

Patent Annuity:

The patent registration is valid for 20 years. There are two ways to pay the annuity fee:

1-      Pay the whole annuity fee for 20 years at the time of registration,

2-      Pay the annuity fee annually, 2 months before the application date.

There will an additional 6 months after the due date for the applicant to pay the annuity fee with an extra 50% fine.

 

 

Changes:

All the changes and modifications shall be recorded officially and published for public notice. (Except for the change in address which will not be published)

Requirements:

  • A power of attorney duly certified and legalized up to the Iranian Consulate,
  • The Change of Name or Address documents, certified and Legalized by Iranian Consulate,
  • Iranian Certificate of Registration.

 

Assignment:

The Assignment means the transfer of rights held by one party—the Assignor—to another party—the Assignee.

Requirements:

  • A power of attorney duly certified and legalized up to the Iranian Consulate,
  • The Deed of Assignment, certified and Legalized by the Iranian Consulate,
  • Iranian Certificate of Registration.