Patent Rights

GUIDE TO IRANIAN MARKET

Patent Rights

Intellectual property is a special type of ownership, arising from the creative endeavors of the human mind and virtuosity. It embraces industrial property (patents, trademarks, industrial designs) and copyrights. National laws and international treaties recognize the exclusive rights of the owners, and protect these rights against any infringements and unfair competition.
Iranian patent law differs from the laws of most other countries in several aspects. Hence, an understanding of the legal status of patents in the Islamic Republic of Iran, will assist the foreign owners of inventions and discoveries to safeguard and utilize their unique patent rights effectively in the Iranian market.

What is a patent?
Is applying for a patent obligatory?
What types of discoveries and inventions are patentable?
Are there any unpatentable items under the national law?
Should patents bear specific features?
Who is considered a patentee according to Iranian law?
What procedure should be followed in obtaining a patent?
What is the value of the patent certificate for its holder?
On which grounds can a patent be contested?
How long does the duration of validity of a patent run?
Is increasing the scope of an existing patent possible?
What are the requirements for the transfer of patents?
How is an infringement on the patent right countered in Iranian law?
Is it possible for foreigners to apply for patents in Iran?
What types of documents are foreigners required to present for obtaining a patent?
What can an applicant do if the patent office refuses his application due to an insufficiency of documentation, or being contrary to the governing provisions?
Which international agreement on patents is Iran a party to?

What is a patent?

A patent is essentially a government grant to a person for the exclusive right to make, use, and sell his new and useful discovery, design, process, machine, manufacture, or other composition, or, any new and useful improvement on it.

Is applying for a patent obligatory?

No, it is not. But, obtaining of a patent gives the owner (patentee) the right and assurance to take legal action for preventing others from exploiting the patented invention or discovery without his consent.

What types of discoveries and inventions are patentable?

According to Article 27 of the Law of Registration of Marks and Patents, the following may be registered in Iran:
1- Invention of any novel industrial product.
2- Discovery of new means or application of the existing means in a novel manner for procuring an industrial or agricultural result or product.

Are there any unpatentable items under the national law?

Article 28 of the said law lays down that fiscal plans, pharmaceutical formulas and compounds are not patentable. But, for processes related to the manufacture of pharmaceuticals, a patent application can be filed. In addition, any invention or improvement on an invention disturbing public order or considered to be contrary to morality or public health, can not be patented.

Should patents bear specific features?

Novelty and usefulness are two essential features that any invention or discovery should possess in order to be registered as a patent.

Who is considered a patentee according to Iranian law?

Any person who initiates an application for a patent and has it granted, is considered as the owner, unless it is proved by a competent court that the claim to initial discovery and invention is untrue. It should be noted that if a company hires someone for discovering or inventing something, the respective patent right will principally belong to the employer, not the employee. Two or more holders of inventions or discoveries may apply for a patent jointly.

What procedure should be followed in obtaining a patent?

The inventor or discoverer is required to make written application to the Tehran Office for Industrial Property (patent office) and, together with the necessary fees, file what is known as a "declaration". This document contains details concerning the name, profession, domicile, and nationality of the applicant and the name and domicile of his patent agent, if any. The subject matter of the invention or discovery, and the duration of validity that the applicant is seeking for the patent, should also be clearly designated.
It is further provided that a written description of the invention or discovery and respective explanatory plans and drawings be attached to the declaration form.
Once due examination of the documents submitted is completed and the patent office concludes that they comply with the regulations, a patent is then granted in the form of a patent certificate.

What is the value of the patent certificate for its holder?

It is a permit for exerting exclusive right over an invention or discovery. However, possession of this certificate is not necessarily an indication that its subject matter is novel, genuine or suitable for utility. In addition, the patent certificate does not demonstrate that the patentee is the true inventor or discoverer. Any person is entitled to prove the contrary in court.

On which grounds can a patent be contested?

Any interested party may refer to the court and request for the cancellation of the patent on the basis that:
1- It is not novel
2- It is unpatentable according to the law.
3- It is purely a scientific method and can not be utilized practically in industry or agriculture.
4- The patentee has not made use of it within five years after the issuance of the patent certificate.

How long does the duration of validity of a patent run?

Patents are granted for 10, 15, or a maximum period of 20 years, according to the discretion of the applicant. One of these time spans must be specified in the certificate.

Is increasing the scope of an existing patent possible?

Additions or improvements may later be included and are protectable for the duration of the principal patent.

What are the requirements for the transfer of patents?

The inventor or discoverer is authorized to assign or transfer the patent and any legal interest in it to a third party. The patent can also be consigned through inheritance. The only requirement in this respect is that the assignment or transfer of the patent must be officially recorded and registered.

How is an infringement on the patent right countered in Iranian law?

Obtaining a court injunction is a proper remedy to prevent the violation of any right secured by patent. This is foreseen in the law, and compensation of any damages sustained can be sought by the complainant. In the event that the violation falls under the heading of unfair competition, forgery, or fraud, the perpetrator shall face prosecution.

Is it possible for foreigners to apply for patents in Iran?

According to Article 30 of the law, any inventor or discoverer who holds an unexpired patent certificate outside Iran, is entitled to apply for a patent in Iran valid for the remaining duration of the original one. However, in the event that a person or firm has utilized the invention or discovery, prior to the foreigner's application, either wholly or partially in Iran or has made preparations to exploit the same, the foreign patentee will not have the right to stop the operation of the said person or firm.

What types of documents are foreigners required to present for obtaining a patent?

It is always advisable to process the application through a skilled patent agent. They usually require the following:
1- Name and address of the applicant.
2- Title of the invention or discovery.
3- Power of attorney duly legalized by the respective Iranian consulate.
4- A certified copy of the corresponding patent certificate (or application, in case of benefiting from Paris Convention provisions)
5- A certified copy of the transferal document, if the applicant is not the original proprietor.
6- Three copies of the related specifications, claims, plans and drawings.
The aforesaid documents must be presented to the patent office within six months from the date of the Iranian application. This period of duration may be renewed only once in the case of a justifiable excuse.

What can an applicant do if the patent office refuses his application due to an insufficiency of documentation, or being contrary to the governing provisions?

The objecting patent applicant has the legal right to refer to a competent court, personally or through his lawyer, and ask for the cancellation of the patent office decision.

Which international agreement on patents is Iran a party to?

The Islamic Republic of Iran is a signatory of the International Convention for Protection of Industrial Property (also known as the Paris Convention). Parties to this agreement undertake to grant each other's nationals patent and trademark rights identical to those of their own nationals.
The right of priority is one of the major benefits of the Paris Convention. It allows for a person who has applied for a patent in one of the Convention countries to have the right to apply,
within one year, for protection in any of the other Convention countries. These later applications shall be regarded as if they had been filed on the same day as the first application. This provision is a major advantage for foreigners who wish to register and safeguard their patents in any number of countries, Iran included.




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