Patents and innovations
It is a contract that natural and legal persons and organizations use to protect their valuable information within the organization or in connection with third parties. The parties agree to share confidential information, knowledge, and any kind of exclusive information or trade secrets they want with each other for private purposes and refrain from disclosing it to third parties.
In many cases, the confidentiality agreement is not included as an independent contract but as a condition or clause in the main contract.
According to Article 16 of the Patent Law, the Patent is protected for 20 years from the time of registration of the declaration, provided that the cost of credit extension is paid on time (annually). To maintain the validity, after one year from the date of submission of the declaration and before the beginning of each year, the amount of registration fee is paid by the applicant.
According to Article 1 of the Patent Law, a Patent is the result of the thought of a person or persons, who for the first time presents a specific process or product and solves a problem in the profession with industry and the like.
No, ideas cannot be registered as patents. In general, the idea is not legally registered.
No, according to Article 4 of the Patent Law, scientific discoveries and theories and mathematical methods are outside the scope of patent protection.
Information related to all inventors and owners is attached separately when filling out the declaration, and the share of each owner must be specified when filling out the declaration.
The protection of the patent starts exactly from the time of registration of the declaration, but the inventor can only file a lawsuit against the unauthorized use of his patent by third parties if the invention has been registered.
No, since the patent is registered, the inventor’s rights effectively start from the date of patent registration, and no one else can register it. Also, the inventor can file a lawsuit against the unauthorized use of his invention by third parties. In case the patent is registered by another person, it is possible to follow up through the judicial authorities and submit the request for revocation of the patent to the judicial authority.
You can search for patents in Iran and internationally.
To search for patents at the national level, you should refer to the website of the Intellectual Property Office, the search section of the Intellectual Property Bank.
To search at the international level, you should also refer to Google Patent, USPTO (US Patent Office), and espacenet and search for similar items of your invention by entering the keywords of the patent.
No, you can register your idea unofficially by attending some festivals such as the Top Ideas Festival or similar festivals, but this process does not have any legal burden, in the sense that the owner of the idea has no right, such as preventing Misuse of the idea by other persons does not create.
It must have three conditions:
- being new at the world level
- having an innovative and creative step
- having the ability to be manufactured and used industrially. (Article 2 of the Patent Law)
If a design has the above conditions, it can be registered as a patent.
It means that the invention has no previous disclosure history anywhere in the world, in other words, if we search for the patent in domestic and international databases, there is no direct equivalent for it.
Having a creative step and not obviousness of the invention to a person who has normal technical skills in that field. (Article 2 of the Patent Law)
- Simply resize
- Making a product portable
- Reverse parts
- Material change
- Substitution by an equivalent function or part.
Can be made and used in industry. The meaning of industrial application includes items such as handicrafts, agriculture, and services.
- Description of patent
- Patent claim or claims
- A summary of the description of the patent
- Plan or plans of the patent
- Photo of national card and birth certificate of the owner and inventor (if the owner is a legal entity, it is mandatory to present the company’s documents, including the announcement of establishment and the latest changes.)
The meaning of the evaluation of the patent inquiry is the search and scientific review of the patent documentation and the examination of the patentability of the design by the relevant experts using scientific experiences, consultations, and internal and external information banks, and according to the law, this evaluation is carried out by the authorities approved by the patent office and they are called “authoritative sources of inquiry”.
The process of patent registration takes about 6 to 12 months from the time of receiving all the documents of the patent to the time of receiving the certificate, of which about 3 months are related to the administrative steps of the registration and the rest of the said period is related to the evaluation at the inquiry authority about technical and legal writing of the text patent and conducting follow-ups related to the case.
Yes, the ownership of the patent can be transferred to other people. In general, the rights arising from a registered patent are transferable, and in case of the death of the patent owner, it is transferred to his heirs.
After the approval of the patent by the competent authority, the inquiry, and the submission of the authority’s response to the patent office, to complete the rest of the registration process and receive the patent certificate, the applicant must deposit a certain amount as the cost of the patent to the account of the intellectual property office. This fee will be announced in the form of an acceptance notice. Issuing the notice of acceptance means that the invention has been accepted by the patent registration office, and the payment deadline is 30 days from the date of issuing the notice.
No, according to the law, a grace period of 6 months has been set for each patent document from the date of registration of the declaration, during which the applicant can extend his patent document including the penalty. However, in case of non-renewal within the deadline, the patent certificate will be invalidated and the invention will enter its public period and its use will be allowed for the public.
No, the patented invention has lost its novelty and will not be able to be re-registered due to the disclosure at the time of registration.
The laws of some countries, such as Iran, have established a grace period of 6 months from the moment of disclosure of the patent by the inventor until the submission of the declaration, during which the patent will not lose its registrability due to this disclosure. (Article 4 of the law) Patents).
Drafting the text of the patent means writing the text of the patent , which according to Article 6 of the Executive Regulations of the Patent Law must include the following:
- Description of the patent
- Patent claim or claims
- Summary of the description of the invention
4. Map or maps if necessary.
Disclosure of patents in any way before registration of the declaration will invalidate it. However, if the inventor tries to disclose his patent in any way, such as attending exhibitions, presenting articles or interviews, etc. but after registering the declaration of disclosure of the take inventor presenting article or a speech about it will be unimpeded.