Patent
A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application.
An invention can be patentable only if it has three conditions: novelty, innovation and industrial applicability.
The following are excluded from the scope of patent protection:
– Discoveries, scientific theories, mathematical methods and works of art
– Schemes, rules or methods for doing business, performing mental or social acts
– Methods for treatment or diagnosis of human or animal diseases
– Genetic resources and genetic components comprising the same, as well as biological processes for the production of the same
– Anything that has been already anticipated in industries and techniques
– The inventions the commercial exploitation of which would be contrary
Patent Search:
It is possible to conduct a patent search through Patent Office records among filed applications and registered patents. We can provide the clients with the details of the records of a registered or filed patent by keywords of the patent title, inventors’ and applicants’ names.
Filing Requirements:
– Required information:
.Applicants’ full name(s) and address
.Inventors’ full name(s) and address
.Priority details
.The title of the invention
– Required documents:
.Certified copy of priority documents
.Certified and legalized Power of Attorney by the Iranian consulate
.Certified and legalized copy of the deed of assignment
(NOTE: An assignment deed is only required if the priority documentdiffers in the name of the inventor from the applicant. Therefore, if the inventor’s name is not mentioned in the priority document or the priority document is in the name of the applicant, no assignment is required.)
-English specifications, claims and drawings
We can file the patent application with the required information and we will have 60 days after receiving the administrative notice for submitting the missing documents. This period can be extended for another 60 days.
Types of Patents to be registered in Iran:
– National Patent application
– Patent application claiming the priority based on Paris Convention (within 12 months from the priority date)
-National phase of PCT Application (within 30 months from the basic application date or 18 months from the international filing date in case of claiming no priority)
Annuities:
The validity of patent registration is 20 years from the date of the filing in Iran. First annuity can be paid at the time of filing the application with filing fees or it should be paid before the anniversary of the filing date along with the second annuity. In case of missing the due date for annuity payment, it can be paid within 6 months after the due date with a50% penalty.
Patent Drafting:
RAYAN IP Law Firm professional and technical team provides the clients with the service of Patent drafting, including the claims, full description and drawings in order to be filed in Iran or other countries.
Moreover, we have an experienced team of professional translators for providing the client a technical translation of specifications in compliance with the requirements of Iranian national phase of PCT applications.
Patent Examination Process:
A Patent Examination process in Iran contains two steps:
1- General Examination: When the Patent application is filed, Iran Patent Office examiners examine whether all the required documents have been submitted (regardless of the contents of patent specification)
2- Professional and Technical Examination: When Iran Patent Office confirms that all the legal documents have been correctly submitted to the Patent Office and all filing formalities have been done by the client, the patent application will be referred to a professional examination office depending on its subject. The experts of the examination office will study the contents of the patent description and see if it has three main condition to be registered: novelty, innovation and industrial applicability.
It must be considered that Iran Patent Office keeps the right of refusing the patent applications at any stage before being registered if it recognizes that the patent is not registrable or any other documents is required.
(NOTE: The patent application might be refused in each step of the examination process and the form of filing opposition and deadlines in each stage are different. Our team replies to the clients’ concerns and queries regarding the deadlines and form of filing the oppositions by the email within a business day of receipt.)
Assignment, merger, license agreement, change of name and address:
According to the Law, any changes and modifications, including change of name, address, assignment, merger and license agreement should be recorded, endorsed on the registration certificate and published in the official gazette for public notice.
Required Documents:
– Legalized Power of Attorney up to Iranian consulate.
– Legalized deed of assignment/change of name document/change of address document/license agreement up to Iranian Consulate
– Valid Iranian registration/renewal certificate for endorsement