Patents

1. Nature

The exclusive right to an inventor to use, distribute or sell a new invention and to stop third parties from doing so without his permission.


2. Cyprus Memberships

• The Paris Convention for the Protection of Industrial Property
• The European Patent Office (EPO)
• Patent Cooperation Treaty (PCT)

The European Patent Convention (EPC)



3. National Law And Guidelines

Patents Law of 1998 as supplemented by Regulations 46/1999 and amended by Laws 21(I)/1999, 153(I)/2000 and 163(I)/2002.

Until 1998, registration of a patent in Cyprus required registration in UK.

Law provides for

• a direct application for registration through the Cyprus Patent Office

• the validation of a granted European patent in Cyprus
• claiming priority rights (in accordance with the Paris Convention for the Protection of Industrial Property) for Patent Applications already filed in other signatory states.
• the issuing of Supplementary Protection Certificates for medicinal products, thus extending the protection of the medicinal product for a maximum of 5 years once the patent protection period expires. An application for a Supplementary Protection Certificate can only be made if the product is already protected with a patent in Cyprus and has already been granted permission to be circulated in the market.

The Amending Laws have brought the following major changes to Cyprus Patent Legislation:

• Law No. 153(I)/2000 introduced supplementary protection certificates in respect of plant protection products. The same rules apply as above.

• Law No. 163(I)/2002 harmonises the Basic Law with European Directive 98/44 on the protection of biotechnological inventions.

4. Why Protect A Patent

• Right to stop third parties from unauthorised selling, using, offering, importing, licensing or assigning the patented invention
• Right to sell, use, offer, import, license or assign under agreed terms and or by payment of royalties
• Legal action against infringing parties and claiming an injunction and/or damages.
• The existence of a patent may deter infringement from third parties.

5. What May Be Registered As A Patent In Cyprus
It must be

• New
• Novel
• Involve an inventive step which is not obvious
• Not available to the public
• Be capable of industrial application
• Comply with public order and morality

6. Application Of Registration
 
LOCAL APPLICANTS

An Application is submitted

• By any natural person or a corporation
• Only via a lawyer member of the Cyprus Bar Association, practising law in Cyprus

together with

• An Authorisation of Agent form signed by the client authorising the lawyer to act on his behalf. Where the applicant is a legal entity the Authorisation of Agent must also be sealed with the Company’s seal.
• Application in duplicate
• Form P9
• Name, address and nationality of the applicant, inventor and the representative.
• A short and synoptic title of the invention
• Accurate and precise description of the patent and its use in Greek (and in English certified translation)
• Claims which must be specific as to the extend of protection to be conferred
• Any drawings
• An informative abstract of the invention
• Copy of previous application under “priority right” system if available
• A statement that the applicant is the inventor or if not so, a justification statement of the applicant’s right to apply together with details of the inventor
• Certified document by the relevant authority to confirm priority right if available, under the Paris Convention, with certified Greek translation
• Respective Fee

FOREIGN APPLICANTS

As a rule they seek the validation of a patent already granted in Europe. A PCT application will be accepted by the Cyprus Patent Office only if it is a granted European Patent.

An Application is submitted

• By any natural person or a corporation
• Only via a lawyer member of the Cyprus Bar Association, practising law in Cyprus

within 3 months of the grant of the European patent

Together with

• An Authorisation of Agent form signed by the client authorising the lawyer to act on his behalf. Where the applicant is a legal entity the Authorisation of Agent must also be sealed with the Company’s seal.
• Form P8
• Form P17

• a copy of the granted patent in either of French, English or German language (B1)
• an Affidavit of the representative lawyer confirming the true translation or that he has translated the granted patent in Greek language
• The affidavit must be accompanied by a translation of the granted patent into the Greek language. This translation must include the text, the claims, the drawings (if any) and the abstract of the patent. (A translation can be made before the application is dispatched to Cyprus or can be undertaken by professional translators in Cyprus).
• Respective fee

7. The Patent Office In Practise

Upon filing of the application

• The Examiner examines it in order to declare compliance with the relevant formalities
• The Application is published at the end of 18 months after filing date or priority date
• The Examiner will present his report to the Registrar
• Applicant will be informed accordingly and he is given the right to make amendments prior to the Registrar’s refusal to his application and to remedy any defects
• If all the formalities are met a Search is carried out to the European Patent Office completed within 6 months to check upon worthiness of registration of the patent upon payment of the respective fee

The Registrar

· may accept the application

· reject it altogether

If the Registrar accepts:

• Then the patent is granted upon payment of the respective fee and

• Proceed with its publication to the Cyprus Official Gazette together with the search report

If the Registrar rejects it

• The applicant may apply for judicial review of the decision at the Supreme Court.

Procedure may take 3 years to be completed or longer if any complications arise during the process

8. Duration

For 20 years from the date of filing of the application and is subject to payment of an annual maintenance fee.

Protection is conferred as form the date of application to the Registrar


9. The Licensee

May initiate proceedings for violation of his rights through the owner of the patent in case of infringement


10. Compulsory Licensing

The patented invention must be exploited within 4 years as from the date of the patent. Failure to comply, the interested party may apply for a grant of a Compulsory license