Patents Laws in Iceland
Here’s an overview of patent laws in Iceland:
General Framework
Iceland’s patent law is governed primarily by the Icelandic Patent Act No. 44/1998, which implements the European Patent Convention (EPC) and aligns with international agreements.
Iceland is a member of the European Patent Organisation (EPO), meaning patents can be obtained via the European Patent Office designating Iceland.
Iceland is also a party to the Patent Cooperation Treaty (PCT), allowing international patent applications to enter national phase in Iceland.
Key Points of Icelandic Patent Law
Patentable Subject Matter
Inventions that are new, involve an inventive step, and are industrially applicable can be patented.
Exclusions include discoveries, scientific theories, mathematical methods, aesthetic creations, and certain methods (e.g., surgical, therapeutic, diagnostic methods on humans or animals).
Patent Application
Patent applications are filed with the Icelandic Intellectual Property Office (ISIPO).
Applications must contain a detailed description, claims, abstract, and any necessary drawings.
Patent Duration
The patent term is 20 years from the filing date.
Maintenance fees must be paid annually to keep the patent in force.
Examination
Iceland performs substantive examination primarily for formalities.
For patentability, the patent is usually examined via the European Patent Office if filed under EPC or PCT.
Rights Conferred
The patent holder has the exclusive right to prevent others from making, using, selling, or importing the patented invention without permission in Iceland.
Compulsory Licensing
Under certain conditions, the government may grant compulsory licenses to third parties, for example, to prevent abuse of patent rights or in public interest.
Enforcement
Patent infringement is dealt with in Icelandic courts, which may grant injunctions, damages, or other remedies.
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