|
What are the conditions for grant of patents?
A patent will be granted for any new
invention that is novel and industrially applicable. However,
no patent will be granted for financial schemes and inventions
contrary to public policy, public morals or public health.
What is it meant by a new invention (novelty requirement)?
Any invention or device that has not
been used or drawings/explanations/designs of which is not
known and it has a new function or result. According to
Iranian Trademarks & Patents Act, any invention that has been
described in publications or has been used or utilized (except
for infringements), shall not be considered new/novel.
What can I do if the Iranian patent office rejects my
application?
You can petition the decision before
the
Public Court of Tehran within 10 days.
Is it possible for anyone to annul my patent?
Yes, any interested party may apply for
annulment of your patent in the following cases:
1-
The patent has been granted contrary to
article 28 of the Trademarks& Patents Act (regarding
non-patentable subject matter).
2-
The invention for which the patent has
been granted is not new or novel.
3- The invention or discovery is
of purely scientific and theoretical nature and has no
practical use in industry, agriculture etc.
4-
No practical use has been made of the
invention within 5 years since granting of the patent.
5-
The patentee is not the real
inventor/discoverer or their assignee.
How can I know if someone is infringing my patent?
There are different types of
infringements:
A)
When someone is using your invention
without your prior permission;
B)
When someone has applied for a patent
regarding an invention identical to yours;
C)
When someone has applied for a patent
regarding an invention or device performing substantially, the
same function, in the same way in order to achieve the same
result.
In the
first case you should make an investigation into the market
through your representatives/patent agents in Iran. In case of
B and C, since all Patents are published in the Official
Gazette within 30 days from the date of grant, you may know if you
monitor patent announcements in the Official Gazette through
your representatives/patent agents in Iran.
What can I do in case of infringement?
You can sue infringer(s). there are two
possible relief's available to a successful plaintiff in an
infringement action:
1-
Stopping the infringement, namely
applying for annulment of the infringing patent, or injunction
against further infringements.
2-
Monetary damages (including loss of
profit)
|
