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Patent | Patent |
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Legal basis: Patent Act No. 17/1991 with later amendments. Regulation concering patent applications, etc. No. 574/1991 with later amendments Advertisements of instructions concerning patent applications No. 575/1991 with later amendments Membership of International Conventions: Paris Convention, Stockholms text from 1967 Patent Coopreation Treaty (PCT) Chapters I and II Budapest Treaty, deposit of micro-organisms. Patentable subject matters: Iceland is a member of the European Economic Area (EEA) Accordingly the Icelandic Patent Act No. 17/1991, has more or less been harmonized with the European Patent Convention (EPC) as concerns the subjective patent requirements. Pharmaceutical and chemical products, including second medical indications, may be patented, while therapeutic and diagnostic mehods may not. Computer programs are unpatentable on their own, but may constitute as a part of an invention. Novelty: Patent Application must be filed before the invention has been made available to the public anywhere in the world. Invention can be made available by means of written or oral description, by use or in any other way prior to the priority date or, if no priority has been claimed, the filing date of the patent application. Examination: A patent application is examined with respect to formalities, novelty, inventive merit and unity. The Icelandic Patent Office has an agreement with the Danish Patent Office which includes assistance with the the execution of the examination process. Exception from examination An exception may be made concerning examination, if identical or similar patent application has been filed with one of the Patent Offices in the Nordic countries or identical or similar EP application has bee filed. When aforesaid applies the applicant shall within 6 months from the filing date in Iceland, submit a declaration to that effect. Later on the applicant shall file a certified copy of the granted patent from the corresponding Nordic country or EP patent letter. The Patent Office will issue a corresponding Patent letter after opposion term has expired, it is 9 months after publication of the corresponding Patent letter from one of the aforesaid contries-if no opposition is filed. The Patent is granted after acceptance and before being laid open for opposition. Opposition may be filed within nine months from publication of the Patent.Duration The duration is 20 years from date of filing the patent application (for the national phase of PCT-applications: from the international filing date.) Prolongation: A supplementary protection certificate (SPC) for a specific medicinal product may be granted for a period of up to five years after the normal expire of the under laying patent. Documents required for: Filing a Patent Application Filing a SPC Application Proceeding with a PCT ApplicationFILING REQUIREMENTS FOR PATENT APPLICATIONS 1. The full name, profession and complete postal address of the , or each applicant. 2. Inventor's full name and complete postal address. 3. Specification, claims and abstract in triplicate, in Icelandic, English or Scandinavian languages, if other; translation is required. 4. Drawings, if any, in triplicate. 5. Claim to conventional priority, if any, stating country, filing date and serial number of basic application from which priority is claimed. Priority must be claimed within 2 months from the filing date. 6. Power of Attorney, signed by the applicant, including declaration of submission to Icelandic law. May be filed later (within a term of three months). 7. Assignment deed signed by the inventor, if the applicant is not the inventor. May be filed later (within a term of three months). 8. Priority document (certified copy) if conventional priority has been claimed, must be filed within 16 months from the priority date. Duration: 20 years from date of application.
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