FAQs on Patents
FAQs on Patents
1- What is an invention?
The invention provides a new solution to a technical problem. For example, now that there is no definitive medicine for HIV, if someone can find a medicine for that it means that has made an invention. Because has offered a proper solution for the first time and by producing that medicine the problem of many patients will be solved.
2. What is the difference between invention and scientific discovery?
A discovery is defined in in the Geneva Treaty on the International Recording of Scientific Discoveries (1978) was defined as "the recognition of phenomena, properties or laws of the material universe not hitherto recognized and capable of verification." In a more simple way, discovery is something which exists in the material world, but the possibility of knowing it is provided by an individual now while invention is recognizing an existing problem, then providing a technical solution. The inventor, for instance, encounters with a problem called X, and then, by combining elements of A, D, F, finds out that the problem can be solved.
3. What is a patent?
A patent is a registered invention at the Patent Office and a registration certificate has been issued in which the owner of the invention can exclusively benefit from it.
In fact, the patent right (patent certificate) is a contract between the Patent Office (representing the community) and the inventor. This way, the inventor discloses his inventive formulas to the public, so that other scholars can take further steps through that invention and it helps the advancement of science and in return the society, grant some rights to the inventor therefore he can exclusively enjoy his/her moral and commercial rights.
4- What are the benefits of registration of an invention?
In general, the purpose of registering an invention is to prohibit competitors from using without permission of the invention.
Therefore, inventions are mainly registered for the following reasons and motivations:
1- Getting a patent raises companies’ rating and score. Suppose that Volvo has invented a special system for the braking system of its own vehicles, which is very important, and has registered it and has the exclusive right to use it. At the same time, its rivals such as Mercedes-Benz, BMW, Scania do not have it; thus, Volvo can easily overtake their rivals in the competitive market.
2- The research costs in the field of invention can be recovered. Thus, if the invention is not registered, others will use the invention easily without paying money, and therefore the research costs will not be recoverable.
3- By registering the patent and obtaining an exclusive right, the owner can gain considerable profit from granting licenses to others.
5. What are conditions of a patent?
An invention must have 3 essential conditions to be registered: a) It should be new (not already performed in any other places in the world before); b) It should be novel (non-obvious to those who are skilled in that field) C) It should have an industrial application (useful).
6. Can an invention be used before registration?
As mentioned above, a patent should be new. Therefore, if the invention is used prior to registration, and is made publicly available, the invention will lose novelty and will not be subject to registration and legal protection.
According to some rules, disclosure of invention up to 6 months (and in some up to 1 year) prior to registration has no problem. In the laws of Iran, disclosure is not a barrier to registration for up to 6 months before registration.
7. What is the scope of protection for a patent?
According to the regulations and the principle of territoriality, if you register an invention in any country, it is only protected within the geographical area of the same country, and if you want to be protected in more countries, then in each of those countries you have to register your invention separately.
8. Where should I start for getting a patent?
In order to avoid wasting time and money, before acting to register a patent, first it is better to search the invention whether such an invention has already been carried out or not.
As it was mentioned in the conditions of registering a patent, it should be new, thus if you enter the registration process without search and certainty, it may be risky in terms of cost and time.
To check the records, you can search the websites of patent offices of different countries, as well as magazines, books, and so on.
After searching and assurance, you can refer to the patent office and complete the patent application and apply for registration.
Iran Patent Office Address:
Industrial property office, Fayazbakhsh Street, Khayyam Street, Imam Khomeini Square, Tehran, Iran
9. What parts and articles should be included in the patent application in Iran?
In general, patent application in Iran patent office contains sections as follows:
1. Description: In order to prepare this section, the patent applicant must describe his invention fully and disclose all the patent formulas. The disclosure must be in a possible way so a person with a normal skill in that technical field can perform it. It was pointed out above that the patent is granted in return of the full disclosure of the invention. In addition to the disclosure, it is evident that the title of the invention, the technical field of the patent, is preceded by the prior history of existing inventions in that area, as well as the problem that the invention has solved should be mentioned.
2. Claim/s: In this section, the applicant must carefully identify all the borders of his invention. Writing a statement is very important and it's best to set up a claim with the help of a patent attorney.
3. Abstract: Applicants must also provide a summary of the description.
4. Drawing/s: If the invention contains map and drawing, it must be filed with the patent application to the patent office.
10. Do I need a patent attorney to register an invention?
Although it is not obligatory to appoint an attorney in Iran, it is strongly recommended that you have a patent attorney for all the legal process of the invention of the search, registration, or the negotiation of contracts, as well as prosecution in the courts.
If you would like to use the attorneys in NOBAN Law Office, click here.
11. What are the tasks that the patent registration office performs?
As stated in the patentability of the invention, the patent office generally examines conditions (novelty of the invention, industrial application and inventive step). Often, Iran patent office submits the invention to the universities, science and technology parks or relevant research organizations for examination of the invention.
These studies, depending on the quantity and quality of the facilities of the patent offices and their legal system, can vary from one country to another.
12. How long does it take to get a patent in Iran?
It cannot be predicted exactly, but normally getting a patent in Iran patent office is 7-12 months.
13. Is it necessary to register the invention in other countries?
According to the principle of territoriality, the general rule is that when you do not register your patent in any foreign country (at the time of the priority of up to one year after the registration of the original application), it means you ignore your patent right in those countries. Thus, it is recommended to register your patent in the countries that your invention may be produced or sold there. This opportunity (in accordance with legal requirements) is reserved for 12 months.
It should be noted that there is no certificate as an international patent, thus each country or region separately examine the conditions and if they confirm the invention they issue the certificate.
Also, through the attorneys in NOBAN Law Office, you can follow your patent through a PCT treaty in countries you like and enter the national phase in Iran if you previously register an application through PCT.
14. How a patent can be registered out of Iran?
There are various methods of registration:
First: you can directly apply to the patent office of that country (a local attorney can register it for you);
Second: if your destination country is located in a specific geographic region and you picked some or all of those countries (European Union) it is better to file an application in the regional patent office.
Third: if your selected countries are scattered all around the world, it is better to choose an international patent method. For this, first you should check if your originating country is a member of the Patent Cooperation Treaty (PCT) or not. Iran is a contracting state of PCT and you can register your patent through NOBAN attorneys.
It is strongly recommended to discuss it with a lawyer before filing. Because if you do not follow all the time and legal points you may lose your rights.
15. How long is the duration of patent protection in Iran?
By law It is 20 years from the time of filing the appication in Iran patent office.
16. What are compulsory licenses of the patent?
Since some invention are important and vital for human life (like medicines), thus, according to the law, a 3 year duration is given to the owner to produce and sell his invention. If he does not do so, any interested party can ask government officials to obtain the permission of the authorities to produce and supply the intended invention in order to benefit the society. These licenses are called compulsory.
17. What are the guarantees of violating the patent?
According to Iran laws, violations of patents have criminal (prison, financial punishment, etc.) and civil enforcements (compensation) and you can sue anyone who used your invention without permission in the courts.
18. What is violation a patent?
In general, violation of the patent rights means any activity (production, supply to the market, etc.) of the invention without the permission of the owner.
Thus, you can sue anyone who violates your patent rights in the court.
19. Who watch a patent in order to prevent violating the owner right?
There is no specific person to protect the patent unless the owner of the invention (or his agent), who should inform the judicial authorities immediately in case of detection of violations, in order to prosecute. The watching also can be done through a patent attorney.
Noban law office can do watching of your patent in Iran.
