Patents Laws in Greece
Patent laws in Greece are governed by both national and international legal frameworks. Here's an overview of the patent system in Greece:
๐ National Patent Law
The primary legal instrument for patents in Greece is:
Greek Patent Law No. 1733/1987, as amended by subsequent legislation.
This law defines the procedures, rights, and limitations related to patents in Greece.
Key Features:
Patentable Inventions: Must be new, involve an inventive step, and be industrially applicable.
Non-Patentable: Discoveries, scientific theories, mathematical methods, aesthetic creations, mental acts, methods for treatment of humans or animals, etc.
Term: Patents last for 20 years from the filing date, subject to annual renewal fees.
Utility Models: Available for minor inventions, lasting 7 years.
๐ Application Process
Applications are filed with the Hellenic Industrial Property Organization (OBI).
Requires a description, claims, abstract, and (if applicable) drawings.
OBI conducts a formal and substantive examination.
๐ International and Regional Protection
Greece is a member of several international treaties and systems, allowing broader protection:
1. European Patent Convention (EPC)
Greece is an EPC contracting state.
You can obtain a patent valid in Greece via a European patent application at the European Patent Office (EPO).
2. Patent Cooperation Treaty (PCT)
Greece is a member of the PCT.
Allows applicants to file an international application and later enter the Greek national phase.
3. Unitary Patent & Unified Patent Court (UPC)
Greece is a participant in the Unitary Patent system and the Unified Patent Court as of recent updates.
This system allows a single patent to have effect across multiple EU states, including Greece (once fully implemented).
๐ Rights Conferred
A Greek patent holder has the exclusive right to prevent third parties from:
Making
Using
Selling
Importing
the patented invention without consent.
๐งโโ๏ธ Enforcement
Patent infringement cases are handled by Greek civil courts.
Injunctions, damages, and destruction of infringing goods may be ordered.
Preliminary injunctions are available for urgent cases.
๐งพ Annual Fees
Maintenance fees must be paid yearly, starting from the 3rd year.
Non-payment leads to lapse of the patent.
RELATED Blog
0 comments