CHAPTER 2 ) Registration of Patents
Any new invention or discovery in the various fields of industry or agriculture gives exclusive rights to the inventor or discoverer under which right and in accordance with the terms and period prescribed by this law, he may benefit from the invention or discovery provided that a patent for the invention or discovery is registered with the Tehran Deeds Registration Department according to the terms of this law.
The certificate which will be issued by the Tehran Deeds Registration Department in this connection will be called an 'Invention Patent Certificate.
Any person who makes any of the following claims, may apply for a patent:
1. New innovation for a new industrial product;
2. Discovery of a new means or the discovery of new methods using existing ones to obtain a different result or product in industry or agriculture.
A patent may not be applied for, in the following cases:
1. Financial schemes;
2. A new invention or the development of an existing invention harmful to public law and order, or public health or morality; and
3. Pharmaceutical formula or compounds.
The first person who applies for the registration of an invention in accordance with the provisions of this law shall be considered the inventor for that particular invention, unless proved otherwise.
An inventor who has patented his invention outside Iran, if his patent is still valid, may also apply for the registration of his invention in Iran, for the remaining period of validity of his patent. However, if a person or establishment has been using his invention, in whole or part in Iran before he applies for a patent; or should the use be in the preparatory stage at the time of application for a patent, the inventor may not prevent the further use of the invention in whole or part, by that person or establishment.
The provisions of Article 6, 7 and 8 of this law shall also be valid for the application for patents of invention.
An application for registration will be accepted when the inventor or his representative pay in advance, for the application and at least the registration charge for the first year set down in Article 34. The charge set collected for the application, will in no circumstances be returned.
The period of validity of a patent shall range, according to the request of the inventor, between 10, 15 or 20 years. This period shall be clearly stated in the patent and during this period the inventor or his legally appointed representative may have exclusive right to build, sell, apply or otherwise use the invention.
A registration fee for patent of invention shall be collected according to the schedule of charges which can be obtained from HAMI Legal Services.
All or part of the fee may be paid in cash during the patenting of the invention. In the case of cash payment, a discount of 5% shall be given for the cash payment for five years, 10% for ten years, 15% for 15 years and 20% for twenty years.
If the fee for a year has not been paid in advance, it should be settled within the first three months of the year, otherwise the patent shall become invalidated, unless the inventor pays double the amount within the next three months of the year.
A patent certificate cannot be used as proof that an invention is commercially usable, or that it is new, or genuinely practical, nor does it prove that the person who has taken the patent, or his representative, is the actual inventor; or that the description of drawings of the invention are true. Interested persons may file a petition with the First Instance Court of Tehran in any of the above cases to prove that the statements are not true.
In the following cases interested parties may apply to the First Instance Court of Tehran and petition to cancel a patent:
1. When the invention is not a new one;
2. When the patent has been obtained contrary to the provisions of Article 28, or
3. When the invention is purely scientific and theoretic nature and has no practical uses in industry or agriculture; or
4. When no practical use has been made of the invention five years after a patent has been obtained.
NOTE: Any existing invention or development of an existing invention which has been described in publications, or whose drawings have appeared in publications, or which has been used and utilized before the date of application for patent in Iran or abroad, is not considered a new invention.
Provisions of Article 19 shall be binding in connection with the provisions of Articles 36 and 38.
A patent holder may transfer, in whole or in part or in any other way he may desire, the ownership or right of use of his invention to a second party. If the transfer has been due to inheritance, the next of kin may use the patent only after he has registered such a transfer.
All transactions concerning a patent must be properly and legally documented, otherwise the transactions will not be valid for the second party. If the transaction takes place outside Iran, the transaction becomes valid for the second party only when it is registered by the Tehran Deeds Registration Department.
The registration fee of the above -mentioned transactions or transfers shall be determined by the Ministry of Justice. (Please contact HAMI Legal Services for the more recent schedule of charges).
All patents and other documents related to the registration of an invention are open to public inspection after registration of the invention and issuance of the patent. Any person, upon payment of a fee to be fixed by special regulations, may obtain a certified copy of the documents or papers related to an invention or transactions related to it.
The owner of an invention or his legal representative, may make any changes to his invention during the entire period of validity of the patent and register such changes in accordance with the law. For the details regarding the registration fee, please contact HAMI Legal Services for a more recent schedule of charges.
In respect of foreign nationals who apply for patents in Iran, but who are not domiciled in Iran, the regulations of treaties signed with their government is applicable; if no such treaty exists, then they will be treated on reciprocal basis.
The Ministry of Justice will draw up the regulations concerning the provisions of this Chapter.