An Invention According to Patents, Industrial Designs and Trademarks Registration Act of Iran, is the outcome of an individual(s) mind that produces a certain product or a process for the first time and provides for a solution to a specific problem in a certain line of specialty, technique, technology, industry and the like. Therefore, an invention can be a process and not necessarily a product and it must solve a problem. On the other hand, an invention shall be patentable if it includes an innovation and derived from an idea and creativity.
Innovators and designers must apply for patent certificate before the Industrial Property office which is an affiliate of Deed and Property Registration Organization of Iran. The patent certificate is a document that Deed and Property Registration Organization issues for the protection of an invention and the holder thereof may enjoy exclusive rights for a period of twenty years. In other words, it considered a bilateral contract between the government on behalf of the Deed and Property Registration Organization and the patent holder to obtain legal protection as a result.
The most important IP law in Iran is Patents, Industrial Designs and Trademarks Registration Act and its By-law. In addition, the Iranian government became a member of the Paris Convention for the Protection of Industrial Property in 1337 and then joined the Patent Cooperation Treaty in 2013. As a result, any international request that is filed after that date will automatically include the Islamic Republic of Iran. This cooperation treaty operates under the auspices of the World Intellectual Property Organization. Under the PCT, all the states parties to the treaty protect the registered patents.
Since the Iranian government has joined the Paris Convention as well as the PCT Patent Cooperation Treaty. If an applicant has filed a patent application with one of the states parties to these Conventions, it shall have the right of priority in the other member states. Consequently, if the inventor wishes to exercise the aforementioned right for his patent in Iran, it is necessary to conduct in accordance with article 18 of the By-law, which is as follows: If the applicant has filed a patent application in accordance with article 9 of the Act, the applicant must submit its application in a special form, together with the documents stating this right, with the registration authority. The request must include the following: 1- Date and number of the original declaration; 2- International Classification related to the original declaration; 3-The country or countries in which the original declaration is lodged and, if the regional or international declaration is based on the right of priority, the source thereof “.
The term of priority under article 20 of the By-law is 12 months from the date of submission of the original declaration. (In this case, the day of submission will not be considered part of the period, and if the last day coincides with the holiday, it will be calculated until the last hour of the first administrative day after the holiday.)
It is noteworthy that if the applicant is not a resident in Iran, it have to determine the place of residence of the person or persons authorized to receive the communications in Iran. In addition, regarding the patent of foreign nationals in Iran neither in the laws nor in the electronic system, there is no mention of the necessity of receiving comprehensive national code by foreign nationals.
|NO.||Description||Natural person||Legal entity|
|1||Registration fee of the application and divided application||10,000||100,000|
|2||Annual registration fee||First to fifth year , each year equivalent to Rls. 100,000|
Sixth to tenth year , each year equivalent to Rls. 200,000
Eleventh to fifteenth year , each year equivalent to Rls. 300,000
Sixteenth to twentieth year , each year equivalent to Rls. 400,000
|10 times as much as price determined for the natural persons|
|3||Fine for delay in payment of the annual cost||Equivalent to half of the annual installment in the related five-year periods|
|4||Cost of enquiry for transfer, exploitation license or waiver||50,000||500,000|
|5||Registration fee for contractual transfer and non-contractual transfer||300,000||3,000,000|
|6||Registration fee of the exploitation license or its cancellation or termination||Half of cost of contractual transfer and non-contractual transfer|
|7||Cost of each correction of the application and its appendices||Equivalent to registration fee of the application|
|8||Registration fee for transfer of the application or its exploitation license||50,000||500,000|
|9||Registration fee for changes(other than transfer of property and exploitation license)||50,000||500,000|
|10||Cost of issuance of the duplicate certificate||100,000||1,000,000|
|11||Cost of the true certified copy||5000||50,000|
|12||Cost for receiving confirmation of application submission or issuance of patent certificate||15,000||150,000|
|13||Cost of handling protest against registration rejection||500,000||750,000|
|14||Cost of handling protest against registration request (Commission)||1,500,000||3,000,000|
|15||Deposit for submission of the annulling petition to the court||3,000,000||4,500,000|
|16||Cost of investigating international registration application as the source department||50,000||500,000|
|Remark: for the foreign applicants who have submitted their request directly to the registration authority in execution of Paris Convention (Patent Office of Industrial Property General Office), they should pay foreign currency equivalent of Rls. Price determined in table of costs based on formal rate.|
– Registration fee of the application = 1330 (Swiss Franc) or 1366 (USD)
– Initial search fee as followings:
|1||European Union||–||2020 Swiss Franc|
|2||China||–||301 Swiss Franc|
|3||Russia||in Russian||128 Swiss Franc|
|8500 Russian Ruble|
|in English||602 Swiss Franc|
|40,000 Russian Ruble|
|4||India||natural person||34 Swiss Franc|
|2,500 Indian Rupee|
|legal entity||134 Swiss Franc|
|10,000 Indian Rupee|
– Receiving office fee (Iran):
– Natural person: 50,000 IRR
– Legal entity: 500,000 IRR
Bayan Emrooz Law Firm renders services to foreign and Iranian natural and legal entities in the field of Patents, including consulting, for setting up the patent application. Having an experienced and specialized legal staff, Bayan Emrooz is ready to provide the needed legal services in respect to Patents, Industrial Designs and Trademarks Registration in Iran.
Bayan Emrooz Law Firm was founded in 2008 under the registration No. 23211 in Tehran, and renders legal consultation and attorneyship services to foreign or domestic legal and natural persons. Our approach and main purpose is to expand the culture of utilizing legal consultation in civil and commercial matters in order to prevent high personal or social costs spent on resolution of disputes before judicial and non judicial authorities.