By Mrs. Valeria Holub
Patents are government vested exclusive rights to an invention for which you can apply as an inventor when you want to ensure that no one else copies or sells your invention. However, as any process involving a governmental agent, applying for a patent might seem difficult from the outside and questions may arise as to who can apply for a patent and which inventions are ‘patentable’ (considered a patent under the law). Therefore, this short article aims to explain the process of patent registration, answer any questions pertaining to patent registration, and outline how our law firm might assist in registering a patent.
Patents under the Cyprus Law
Patent in practice is an exchange between the inventor (or the owner of the invention) in which the inventor gains monopoly to sell, use, and develop their invention, and the government to whom the invention is disclosed. The aim behind patents is to encourage development, and innovation as well as to provide inventors with rights for a set period of time. Usually, the patent is granted for a period of 20 years (extensions up to 25 years exist in certain industries), from the date of filing for patent, during which the inventor has the exclusive rights to the invention. Upon expiration, the invention enters the public domain. The 1998 Patent Law of Cyprus outlines the criteria of ‘patentability’, persons eligible for applying for a patent, the protections provided by patents, as well as the process of patent application, which are discussed below.
What is Patentable?
The 1998 Patent Law of Cyprus states that in order to be considered ‘patentable’ an invention should satisfy three criteria:
(1) It must be novel, meaning that the invention must be new and previously not available to the public;
(2) it must involve an inventive step, meaning that the improvement in comparison to the prior similar inventions had not been obvious to a specialist in the field; and
(3) it must possess industrial applicability, meaning that it must be capable of being used in an industry.
Moreover, the law states that discoveries, scientific theories, aesthetic creations, rules for performing ‘mental acts’, playing games, programs for computers, and presentation of information as well as inventions which go against public morals, are not patentable.
Who Can Apply for a Patent?
Not only the inventor can apply for a patent but also their successors and the employer under whose employment the invention was created, or the person who commissioned the invention. In events when an invention has multiple inventors, the law provides for their equal rights.
What Protections do Patents Offer?
After the patent has been granted, it gives its owner exclusive rights to the invention for 20 years, meaning that no one else has rights to make products which incorporate the invention. Furthermore, patent holders can pursue several legal actions if their patents are infringed upon. They may seek compensation for any financial damage incurred, such as lost profits or other monetary losses. Additionally, they can request court injunctions to stop further infringement, which might involve prohibiting the infringing party from producing, using, selling, or importing the patented item. Patent holders can also have the infringing products seized and destroyed to prevent continued violation of their intellectual property rights. To obtain these remedies, they must demonstrate that the infringer is using the patented invention without authorization.
What is the Process of Patent Registration in Cyprus?
If your invention meets the aforementioned criteria of patentability, you can start the patent application process, which begins with the submission of the Application for the Grant of a Patent to the Department of the Registrar of Companies and Intellectual Property. The application form must be accompanied by several key documents such as:
(1) the description of the invention;
(2) the claims;
(3) the summary;
(4) relevant drawings (if any);
(5) the Power of attorney;
(6) certified translation in English, German or French language, either by an affidavit or by sworn translator of Cyprus; and
(7) the fee of €100.
The processing of the application can be rather time-consuming, therefore patience is key in awaiting the response. If the application meets all legal requirements, the Registrar will notify the applicant or their representative to begin obtaining an investigation report from a recognized International Patent Examination Office, such as the European Patent Office (EPO). This report is necessary to ensure the patent has not already been registered by someone else. Once the investigation report is obtained and the invention is confirmed as patentable, the Registrar will issue a Patent Certificate and publish a notification in the Cyprus Gazette. Fees are required for both the application with international authorities and the issuance of the Certificate. The fees vary depending on the chosen authority, and the Certificate itself costs 130€.
Securing Your Patent in Cyprus - Final Remarks
In conclusion, navigating the patent application process in Cyprus can initially seem daunting, but understanding the key requirements and steps can simplify the journey for innovators. By ensuring your invention meets the criteria of novelty, inventive step, and industrial applicability, and by meticulously following the application procedures, you can secure the exclusive rights to your invention. The protections offered by patents not only safeguard your intellectual property but also encourage continued innovation and development. Our law firm is here to assist you through every stage of the process, providing expert guidance to help you successfully register your patent and protect your valuable inventions.
How we can help:
· Assist on the preparation of the application and other relevant documents.
· Liaise with the Department of the Registrar of Companies and Intellectual Property
This article is written for information purposes only and it does not constitute legal advice. For further information, legal advice, company incorporation and assistance please contact us at zena@zsm.law or call us at +357 25-252282.
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