Dr. Alexander Aghayan & Associates Law Firm
Information sheet regarding patent registration in IRAN
Under the Iranian Trademark & Patent Registration Law Dated 1310 (1931) a patent is:
1. Invention of a new industrial product;
2. Discovery of a new means or the discovery of new methods of using existing means to reach to a certain result or to obtain a product in industry or agriculture.
Patents are currently applied and granted in Iran under the above mentioned Act, the Regulations thereto as revised in 1958 and the Provisions of the Paris Convention for Protection of Industrial Property to which Iran has been a member since 1959. Under Article (29) the first person that applies for the registration of an invention in accordance with the provisions of this Law shall be considered as the inventor of that particular invention, unless proved otherwise by the competent court. Therefore, patents are granted on "declarative" basis and no substantial examination is carried out by the Patent Office.
The following four types of patent applications may be filed in Iran:
1- Convention applications (based on Paris Convention);
2- Patents of Importation;
3- Non-convention applications ( claiming no priority of earlier applications/letters patents);
4- Patents of Completion.
Patents are protected in Iran for a period of 20 years from the filing date of the application in Iran except for patens of importation that are protected for the remaining period of validity of the basic letters patent, provided that, in both cases, the annuities are paid within the first three months of each year. A grace period of three months is granted for late payment of the annuities subject to payment of the prescribed fine.
Any patent holder may transfer, in whole or in part or in any other way he may desire, the ownership or right of use of his invention to a third party.
Any changes in the ownership such as change of name/address, assignment, mergers, etc. as well as any type of alterations/amendments in the specifications and claims must be officially recorded in Iran.
The requirements for filing a given patent application in Iran are:
1- Power of attorney, duly executed by the applicant, notarized and legalized by the Iranian Consulate;
2- Copy of the application(s) priority of which is claimed, certified by the patent Office issuing it . No legalization is required.
Note: If the applicant for the basic application is different from the Iranian applicant a deed of assignment certified by the competent Patent Office shall be required.
3- Three sets of specifications, claims, drawings, if any.
4- Full particulars of the applicant;
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