- CHAPTER 1 GENERAL PROVISIONS
- Definitions
- Register
- Alteration of name, etc.
- Change of ownership
- Correction of errors.
- Order or direction by court
- Representation by an agent.
- Indication of name, etc.
- Signatures by partnerships, companies and associations
- Recordal of patent applications
- Administrative instructions
- Fees and Forms
- Time limits
- Duty or preserve secrecy
- Directions as to furnishing of
- documents
- Correction of irregularities
- Dispensation by the Registrar
- Hours of business
- Evidence
- Hearing
- Gazette
- CHAPTER 2 FILING OF A PATENT APPLICATION
- CHAPTER 3 EXAMINATION, GRANT OR REFUSAL, PUBLICATION
- Unity of invention; claims in different categories
- Amendments or corrections on applicant’s initiative
- Division of application.
- Declaration of priority; furnishing translation of earlier applications
- Examination as to formalities
- Search Report
- Withdrawal of
- application
- Grant of patent; Publication thereof; certificate
- Publication of application
- CHAPTER 4 MAINTENANCE OF APPLICATIONS AND PATENTS
- CHAPTER 5 NON-VOLUNTARY LICENSES AND GOVERNMENT EXPLOITATION
- CHAPTER 6 INVALIDATION
- CHAPTER 7 “Implementing regulations of the Convention on the grant of European patents as ratified by Law No. 26(III)/97
- Filing of a European Patent application
- Languages of the application
- Documents of the applications
- Receipt of the application
- Recordal of the application
- Forwarding of European patent applications to the EPO
- Filing of the translation
- Filing of the translation of the European patent
- Publication of the translation of the European Patent
- Fees
- Setting of Fees
- Representation
- Conversion Procedure
- 68BRegistration
- CHAPTER 8 Implementing Regulations of the Patent Cooperation Treaty as ratified by Law No. 27(III)/97
78BTHE PATENT LAW 1999
REGULATIONS UNDER SECTION 78
K. Δ. ∏. 46/99
(fees & forms are not included see the original text in Greek)
Nicosia, September 1998
The Council of Ministers, exercising the powers vested in it under Section 78 of the Patent, Law issues the following Regulations.
The present Regulations shall be referred to as the Patent Regulations of 1998.
0BCHAPTER 1 GENERAL PROVISIONS
8BDefinitions
1. In these Regulations, unless the context otherwise requires:
(i) “certified translation” means the translation made by a lawyer or by an authority competent in certifying translations;
(ii) “EPO” means the European Patent Office as defined in the European Paten Convention;
(iii) “European application” means the application for the grant of a European patent;
(iv) “European Patent Convention” means the Convention for the grant of European patents ratified by Cyprus, by Law No. 26(III)/97.
(v) “Gazette” means the Cyprus official Gazette;
(vi) “international application” means an application filed under the Patent Cooperation Treaty;
(vii) “Law” means the Paten Law 1998;
(viii) “patent application” means the application for the grant of a patent;
(ix) “Patent Cooperation Treaty” means the Patent Cooperation Treaty ratified by Cyprus by Law No. 27(III)/97.
(x) “priority date” means the filing date of an earlier application that serves as a basis for the right of priority as provided for in HUSection 20UH;
(xi) “Registrar” means the Registrar of Companies and Official Receiver and includes any other person appointed to exercise all or any of the powers and perform all or any of the duties of the Registrar;
(xii) “representative lawyer” means a lawyer acting on behalf of an applicant for registration of a patent;
(xiii) “Rule” refers to the specified rule of these Regulations;
(xiv) “Section” refers to the specified section of the Law;
(xv) Words and phrases defined in the Law shall have the same meaning wherever used in these Regulations.
9BRegister
2. (1) The Registrar shall cause to be entered in the register in respect of every patent and, where applicable, of every application, upon publication, in addition to the information indicated in HURules 39(5)UH and HU(6)UH and HU40(1)UH:
(a) the address for service;
(b) the date on which the patent expired or was surrendered or invalidated;
(c) any assignment of the patent or application therefor; and
(e) the grant, cancellation and variation of the terms of any compulsory license granted with respect to the patent.
(2) The Registrar may at any time enter in the register such other particulars as he may think fit.
(3) Entries in the register shall be available for inspection by the public between the hours of 9 a.m. and 1 p.m. on week days and not on Saturdays and public holidays.
(4) Requests for certified copies of or extracts from the register or for copies of documents shall be made to the Registrar on Form P.1.
10BAlteration of name, etc.
3. (1) A request by the owner of a patent or by an applicant for a patent for the alteration of a name, nationality, address or address for service on record in respect of his patent or application shall be made on Form P.2.
(2) Before acting on a request to alter a name or nationality, the Registrar may require such justification of the alteration as he thinks fit.
(3) If the Registrar is satisfied that the request should be allowed, he shall cause the patent or the application therefor and, where the name, nationality or address has been recorded in the register, to be altered accordingly.
11BChange of ownership
4. (1) A request for recordal of the change of ownership of an application or a patent shall be made on Form P.3.
(2) In order to be accepted for recordal, an agreement assigning the ownership of the application or the patent must contain at least the serial number and date of the patent application or of the patent, the title of the invention and the names, addresses, nationalities, and signatures of the assignor and assignee.
(3) If the Registrar is satisfied that the request should be allowed, he shall cause the patent or application therefor and, where the ownership has been recorded in the register, the register to be altered accordingly.
12BCorrection of errors.
5. (1) A request for correction of an error in the register or in any document filed with the Registrar in connection with registration shall be made on Form P.4.
(2) (a) A request for correction of an error or translation or transcription, a clerical error or mistake in the claims, description or drawings of a patent or application for a patent or any document filed in connection with a patent or such an application shall be made on Form. P.5.
(b) Where such a request relates to the claims, description or drawings, no correction shall be made therein unless the correction is obvious in the sense that it is immediately evident that nothing else would have been intended than what is offered as the correction.
(c) Where the correction of a patent is requested, the Registrar may require notice of the proposed correction to be advertised. The advertisement shall be made by publication of the request and the nature of the requested correction.
(d) Any person may, at any time within three months after the date of the publication, give, to the Registrar, on Form. P.6, in duplicate, notice of opposition to the request. The notice of opposition shall be supported by a statement in duplicate setting out fully the facts on which the opponent relies and the relief which he seeks.
(e) The Registrar shall send a copy of the notice and the statement to the person making the request who, if he desires to proceed with his request, shall within three months of the receipt of the copies file a counter-statement in duplicate setting out fully the grounds on which he contests the opposition and the Registrar shall send a copy of the counter-statement to the opposer.
(f) The Registrar may give such directions as he may think fit with regard to the subsequent proceedings.
13BOrder or direction by court
6. Where any order or direction has been made or given by the court:
(a) transferring a patent or application or any right in or under it to any person;
(b) that an application should proceed in the name of any person;
(c) allowing the owner of a patent to amend the application or patent; or
(d) invalidating a patent;
the person in whose favor the order is made or the direction is given shall file Form P.7. accompanied by an office copy of such order or direction, and thereupon the application or the patent shall be amended and the register shall, where applicable, be rectified or altered accordingly.
14BRepresentation by an agent.
7. (1) The appointment of an agent shall be by a power of attorney which shall be signed by the applicant, or, if there is more than one applicant, by each applicant. The address of the agent shall, for all purposes be connected with the Law and these Regulations, be treated as the address to which communications to the person or persons who appointed the agent shall be transmitted.
(2) The power of attorney shall be made on Form P.8 and filed together with the application or within one month from its filing date. If the appointment is not thus made, and is not in accordance with Section 79(2) of the Law and HUparagraph (1)UH of this Rule, any procedural steps taken by the agent other than the filing of the application shall be deemed not to have been taken.
15BIndication of name, etc.
8. (1) Names of natural persons shall be indicated by the person’s family name, the family name being indicated before the given name; the names of legal entities shall be indicated by their full, official designations.
(2) Addresses shall be indicated in such a way as to satisfy the customary requirements for prompt postal delivery at the indicated address and, in any case, shall consist of all the relevant administrative units, including the house number, if any; addresses shall also indicate telegraphic and telex, fax, e-mail, addresses, if any, and telephone numbers.
(3) Nationality shall be indicated by the name of the State of which a person is a national,; legal entities shall indicate the name of the State under whose laws they are constituted.
(4) Residence shall be indicated by the name of the State of which a person is a resident.
16BSignatures by partnerships, companies and associations
9. (1) A document purporting to be signed for or on behalf of a partnership shall contain the names of all the partners in full and shall be signed by all the partners or by any partner qualified to sign, stating that he signs on behalf of the partnership, or by any other person who satisfies the Registrar that he is authorized to sign the document.
(2) A document purporting to be signed for or on behalf of a body corporate shall be signed by a Director or by the Secretary or other principal officer of the body corporate, or by any other person who satisfies the Registrar that he is authorized to sign the document, and shall bear the seal of the body corporate.
(3) A document purporting to be signed for or on behalf of an association of persons may be signed by any person who satisfies the Registrar that he is duly authorized.
(4) The Registrar may, whenever he deems it necessary, request proof of authorization to sign.
17BRecordal of patent applications
10. Patent applications shall be recorded in the record book on “Pending National Applications”.
18BAdministrative instructions
11. Administrative Instructions on keeping the record books on other formal procedures for the processing of patent applications may be issued by the Registrar.
19BFees and Forms
12. (1) The fees to be paid in respect of any of the matters arising under the Law and these Regulations shall be those specified in Schedule 1 to these Regulations, and, where a form specified in that Schedule as the corresponding form in relation to any matter is required to be used, that form shall be accompanied by the fee specified in respect of that matter.
(2) The forms mentioned in these Regulations are those set out in Schedule 2 to these Regulations. Copies of the forms shall be obtainable from the Registrar.
20BTime limits
13. (1) When the last day for doing any act or taking any proceeding falls on a day when the Office of the Registrar is not open to the public for business, it shall be lawful to do the act or to take the proceeding on the day when the Office of the Registrar is next open for business.
(2) The time or periods prescribed by (the Law or) these Regulations for doing any act or taking any proceeding thereunder may be extended by the Registrar if he thinks fit, upon such notice to the parties and upon such terms, as he may direct, and such extensions may be granted although the time or period for doing such act or taking such proceeding has already expired.
(3) Any notice, application or other document sent to the Registrar by posting it in Cyprus shall be deemed to have been given, made or filed at the time when the letter containing it would be delivered in the ordinary course of post.
21BDuty or preserve secrecy
14. Employees of the Office of the Registrar shall have the obligation, even after the termination of their employment, neither to communicate confidential information obtained in their capacities as employees of the Office of the Registrar to persons not entitled to receive it, nor to disclose it to the public or make other use of it.
22BDirections as to furnishing of
15. At any stage of any proceedings before the Registrar, the Registrar may direct that any
23Bdocuments
documents, things, information or evidence he may require concerning matters arising under the Law or these Regulations be furnished within such period of time as he may fix.
24BCorrection of irregularities
16. Any document filed in any proceedings before the Registrar may, if he thinks fit, be amended and any irregularity in procedure before the Registrar may be rectified, on such terms as he may direct.