Patents Laws in San Marino
Here’s a concise overview of Patent Laws in San Marino:
🔹 Legal Framework
San Marino does not have a national patent law or patent office.
Patent protection is generally obtained through international or regional systems.
San Marino is a member of the European Patent Convention (EPC), allowing patents granted by the European Patent Office (EPO) to be validated in San Marino.
🔹 Patent Protection Options
European Patent (EP) Route
San Marino recognizes European patents.
Once granted by the EPO, a patent can be validated in San Marino.
Patent term: 20 years from filing date.
International Patent via PCT
San Marino is a member of the Patent Cooperation Treaty (PCT).
International applications can designate San Marino.
However, national phase entry is typically through European or other jurisdictions due to absence of a local patent office.
🔹 Non-Patentable Subject Matter
San Marino follows EPC standards on exclusions:
Discoveries, scientific theories, and mathematical methods.
Aesthetic creations.
Schemes or methods for doing business or playing games.
Computer programs as such.
Methods of treatment or diagnosis of humans or animals.
Plant and animal varieties.
🔹 Enforcement
Enforcement of patent rights in San Marino is carried out through its local courts.
Patent holders can seek injunctions, damages, and other remedies for infringement.
🔹 Summary
No national patent system in San Marino.
Patent protection relies on European patents and international treaties.
Patents granted by the EPO can be validated and enforced in San Marino.
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