How to register a patent in Cyprus

How to register a patent in Cyprus

What is a patent?

A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem.

To get a patent, technical information about the invention must be disclosed to the public in a patent application.

In principle, a patent offers to the rightsholder a 20-year protection from the date of the application, through the exclusive right to prevent or stop others from commercially exploiting the patented invention. Therefore, patent protection means that the invention cannot be commercially made, distributed, imported or sold by others without the patent owner’s consent.

Patents are territorial rights. In general, the exclusive rights are only applicable in the country or region in which a patent has been filed and granted, in accordance with the law of that country or region.

The duration of protection can be extended up to 25 years in the case of granting a Supplementary Protection Certificate for Medicines or plant protection products or up to 25 years and 6 months in the case of pediatric medicinal products.

The registration and protection of such inventions and processes in Cyprus is governed by the Patens Law of 1998 (16(I)/198).

Is your invention or process registerable?

In order for an invention or process to be registered as a patent, it must meet certain prerequisites.

Patentable subject matter

In particular, the following are not considered inventions: (a) Discoveries, scientific theories and mathematical methods, (b) aesthetic creations, (c) designs, rules and methods for the exercise of spiritual activities, for toys, for the exercise of economic activities, as well as computer programs and (d) the presentations of information.

Also, a patent is not granted in relation to an invention the exploitation of which is contrary to public order or morality, given that the exploitation is not considered to be contrary merely because it is prohibited by the Law or regulations.

Novelty

In order for an invention to be registerable, it must fulfil the criterion of novelty, meaning that such an invention is not part of the prior art. Prior art means anything that, before the date of registration or before the date of priority in the case where priority is claimed regarding the application for the grant of the patent, has been made available to the public in writing or in any other physical form, with oral description or by use or in any other way.

Inventive step

Another criterion that must be fulfilled is the existence of an inventive step. An invention or a process is considered to contain an inventive step if in the judgement of an expert in the related field, it does not arise in a predictable way from the existing state of art.

Industrial application

An invention or a process to be registerable must have an industrial application, meaning that it can be manufactured or used in any field of industry. The word ‘industry’ is interpreted in the broad sense of the term and in particular includes biotechnology, agriculture, fish farming and services.

Applying for national patent

Once you are satisfied that your mark meets all the prerequisites for protection, you can proceed with the submission of an application for its registration in the Republic of Cyprus.

Application submission

The Application for the grant of a patent (form P.9) is submitted, by hand/post, to the Department of the Registrar of Companies and Intellectual Property, accompanied by:

– The description
– The claims
– The summary
– The relevant plans (if any)
– The Power of Attorney Authorization form (form P.8)
– A certified translation into English, German or French, either with an affidavit
– A fee of €100

Patent eligibility research

Provided that your application passes the standard examination stage, the Registrar of Companies and Intellectual Property Department requests the applicant to obtain and submit, within 16 months from the date of application (or the priority date when claimed), a research report from a recognised International Patent Examination Office.

In the event that the applicant chooses the European Patent Office (EPO), an official translation of all documents into English, French or German, either by affidavit or by a sworn translator of the Republic of Cyprus, is submitted accompanied by the fees of €2488 to the fund of the Registrar of Companies and Intellectual Property.

Upon receipt of the research report by the EPO or a recognized International Patent Examination Office, the report is filed and registered with the Registrar of Companies and Intellectual Property.

Issuance of Certificate of Grant of Patent

Provided that the invention is patentable and the fee of one hundred and thirty euros (€130) is paid, the Registrar of Companies and Intellectual Property issues the Patent Grant Certificate and publishes it in the Official Gazette.

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Chrystalla Psyllou – Advocate