Introduction

Patents are a monopoly granted over an invention. They need to be registered in order to provide protection. A patent is normally granted for 20 years, although pharmaceutical and plant protection products may be given up to five more years of protection. Paediatric medicines may be given an additional six months.

Patents are only valid in the territory in which they are registered.

Moreover, they need to be renewed on an annual basis for protection to continue to subsist.

If you think that you have an invention that can be protected by a patent, it is very important that you keep it secret until you have sought legal advice. Failure to keep it secret may mean that you are unable to obtain patent protection.

Requirements for patent protection

An invention is only patentable if it is novel, involves an inventive step and is susceptible of industrial application.

Novelty

An invention is considered novel if it is not considered part of the “prior art”. “Prior art” refers to any information about an invention that was already available to the public before the date on which a patent application is filed (or before its priority date, if one is claimed). It also includes the contents of any earlier patent applications filed in Cyprus, as long as those applications (or the patents granted from them) were published, and their filing or priority dates are earlier than the date of the current application.

Inventive step

An invention is considered to involve an inventive step if, based on what was already known (“prior art”), a qualified expert would not see it as an obvious development. In other words, the invention must offer something that is not an obvious next step from existing technology.

Industrial application

An invention is considered to be susceptible of industrial application if it can be made or used in any area of industry. The term “industry” is interpreted broadly. It includes not only manufacturing but also fields such as agriculture and fish farming.

Excluded subject matter

An invention will not normally be patentable if it falls into any of the following categories: discoveries, scientific theories and mathematical methods; aesthetic creations; schemes, rules and methods for performing mental acts, playing games or doing business and computer programs; presentations of information.

Finally, a patent will not be granted for an invention that is contrary to ordre public or morality.

National patents

A national patent is only valid in Cyprus.

Who has the right to file an application?

The right to file an application for a national patent normally belongs to the inventor or the inventor’s heirs.

If an invention is created while carrying out work under a contract or as part of employment, the right to apply for a patent generally belongs to the person or company that commissioned the work or to the employer (unless the contract between the parties states otherwise).

The employee who created the invention is entitled to fair compensation. This takes into account the employee’s salary, the economic value of the invention, and any benefit the employer gains from it. If the parties cannot agree on what “fair compensation” is, the amount will be decided by the court.

The inventor must be listed as such on the patent, unless they have provided a written declaration to the Registrar of Companies and Intellectual Property that they do not wish this.

Content of a national patent application

The national patent application has five parts: the application requesting the grant of a patent; the description of the invention; the claims; any figures; the abstract. Our office collaborates with patent attorneys to ensure that the description, claims, figures and abstract are aligned with legislative requirements.

This must be accompanied by a power of attorney in the name of the applicant. The original power of attorney must be filed with the Registrar’s office. You can use our tool for generating a Power of Attorney here.

Filing the application

Once the application has been prepared, it needs to be filed by an advocate (a lawyer) with the Registrar of Companies and Intellectual Property, and the relevant fee needs to be paid.

The Registrar of Companies and Intellectual Property will first examine the formalities. This means that they will check that the mandatory basic information has been provided. It is not the substantive examination, which examines whether the requirements for patent protection has been met.

If any deficiencies are identified, the applicant will be able to correct it within a specific timeframe (usually two months). If the applicant does not correct the deficiencies – either adequately or at all – the application may be rejected.

Protection in other jurisdictions

Upon filing, you have twelve months to file for protection in other jurisdictions, should you so wish. This can take the form of other national or regional patent applications, or even filing via international routes such as the Patent Cooperation Treaty (PCT). The applicant should discuss filing strategy with their lawyer.

The search report

Once the formalities check has been completed, the application will be sent to a search authority for the drawing up of a search report. There is a list of authorities that are accepted by the Registrar. If none is selected, the application will be sent to the European Patent Office for the drawing up of the search report.

The search report needs to be provided within sixteen months from the filing or priority date.

There is unfortunately no official mechanism for entering into a dialogue with the examiner at the European Patent Office. If the search report is not favourable, the applicant’s options are limited, and the applicant should discuss further strategy with their lawyer.

After the search report

If the search report is positive, the applicant will be invited to pay the grant and publication fee within three months from the date of notification of the decision to grant the patent.

The application will then be published in the Official Gazette. There is no opposition process for national patents in Cyprus.

Annual fees

Annual fees must be paid every year to maintain the patent. They can be paid three months before the due date (without a penalty) or up to six months after the due date (with penalties).

This must be accompanied by a power of attorney in the name of the applicant. The original (no copies) power of attorney must be filed with the Registrar’s office. You can use our tool for generating a Power of Attorney here.

EP Patent validations

EP patents must be validated within three months from the date of grant.

A validation application must be filed using the relevant form together with: the specification in the original language; the translation of the specification into Greek (the entire document must be translated, including the first and last pages of the specification); and an affidavit accompanying the translation.

This must be accompanied by a power of attorney in the name of the applicant. The original (no copies) power of attorney must be filed with the Registrar’s office. You can use our tool for generating a Power of Attorney here.

Once the EP has been validated, a validation certificate will be issued.

You can visit our online tool for submitting a request for an EP validation here.

Annual fees

Annual fees must be paid every year to maintain the validated patent. They can be paid three months before the due date (without a penalty) or up to six months after the due date (with penalties). You can use visit our online tool for submitting a request for an EP renewal here.

This must be accompanied by a power of attorney in the name of the applicant. The original (no copies) power of attorney must be filed with the Registrar’s office.

You can use our tool for generating a Power of Attorney here.

Unitary patent

Protection under the Unitary Patent is not currently available in Cyprus.

PCT – national phase

Entering the national phase in Cyprus via the Patent Cooperation Treaty is not possible. Applicants need to enter the EP regional phase and, upon grant, proceed with the validation process in Cyprus.

 

* The content of this blog post is intended for general informational purposes only and does not constitute legal advice. Reading this blog does not create a lawyer-client relationship.