Patents Laws in Iran
Sure! Here’s an overview of patent laws in Iran:
Patent Laws in Iran
Patent protection in Iran is governed primarily by the Law for the Protection of Rights of Authors, Composers and Artists (1958) and its subsequent amendments, as well as by regulations issued by the Iranian Intellectual Property Office (IIPO) under the Organization for Registration of Deeds and Properties. Iran is also a member of some international IP agreements.
Key Features of Patent Law in Iran
1. Patentability Criteria
An invention must meet the following to be patentable:
Novelty: The invention must be new and not publicly disclosed anywhere in the world.
Inventive Step: It should involve an inventive step not obvious to a person skilled in the art.
Industrial Applicability: The invention must be useful and capable of industrial application.
Exclusions:
Scientific discoveries or theories
Mathematical methods
Plans, rules or methods for performing mental acts, playing games, or doing business
Methods for treatment or surgery on humans or animals
Plant and animal varieties (but micro-organisms can be patented)
2. Types of Patents
Invention Patents: For new inventions meeting all patentability criteria.
Utility Models: Iran does not have a formal utility model system.
3. Patent Duration
Patent protection lasts 20 years from the filing date, non-renewable.
4. Patent Application Process
Applications are filed with the Iranian Intellectual Property Office (IIPO).
Must include a clear description, claims, and drawings if applicable.
Formal examination is conducted to ensure the application meets formal requirements.
Substantive examination for novelty and inventive step is also performed.
The process may take several years.
5. Foreign Applicants
Foreigners must file through a local patent agent or attorney registered with the IIPO.
Iran is a member of the Paris Convention, so foreign applicants can claim priority within 12 months from their first filing in other member countries.
Iran is not a member of the Patent Cooperation Treaty (PCT).
6. Patent Rights and Enforcement
The patent owner has exclusive rights to prevent others from making, using, selling, or importing the patented invention without consent.
Patent infringement can lead to civil and criminal penalties.
Patent owners can license or assign their rights.
7. Compulsory Licensing
The government may issue compulsory licenses under certain conditions such as:
Non-working of the patent locally without justification
National emergencies or public interest
8. International Treaties and Membership
Iran is a member of the Paris Convention (since 1959)
Not a member of the Patent Cooperation Treaty (PCT)
Iran is a member of WIPO
Summary
| Aspect | Details |
|---|---|
| Governing Law | Law for Protection of Rights (1958) |
| Patent Duration | 20 years from filing date |
| Patentability Criteria | Novelty, inventive step, industrial use |
| Examination | Formal and substantive |
| Foreign Applicant | Must use local agent, Paris Convention applies |
| Utility Models | No formal system |
| International Membership | Paris Convention, WIPO |
| Compulsory Licensing | Allowed under conditions |
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