Advertisement PART I
General instructions
Article 1
The provisions of paragraph 3, Article 1 of the Regulation concerning patent applications (RCPA) regarding the range of application of the said Regulation shall also apply to these instructions.
Article 2 Article 3 The [provisions of Article 50-55 of the RCPA]1) shall apply regarding the operating practices of the Patent Office as a receiving authority under the Patent Cooperation Treaty.
[The Swedish Patent Office (PRV) or the European Patent Office (EPO) shall, at the option of the applicant, serve as the international novelty search or preliminary examination institutions for international applications received by the Patent Office. If a request is made that PRV perform a novelty search or preliminary investigation of an international application it must be filed in Danish, Norwegian, Swedish or English. If a request is made that EPO perform these searches of an international application it must be filed in English.]2)
1) Regulation no. 286/1996, Article 38, a (Valid from June 1, 1996)
2) Regulation no. 286/1996, Article 38, b (Valid from June 1, 1996)
PART II
The patent application Article 4 Patent applications shall be made on the application form printed for this purpose and shall be submitted in duplicate. Two copies of the description as well as of the drawings, patent claims and abstract shall be submitted. Amendments to these documents shall be submitted in duplicate. [The applicant or his agent must confirm applications sent by facsimile or comparable means by forwarding the signed originals within 14 days of the receipt of the facsimile.]1)
1) Regulation.no. 286/1996, Article 39 (Valid from June 1, 1996)
Article 4a
If an invention concerns or contains a sequence of 10 or more nucleotides or unbranched sequences with 4 or more aminoacids the application shall be accompanied by a specification of each sequence (fragment).
The specifications shall be submitted as an addition to the description and shall be in accordance with existing standards and shall appear immediately before the claims.
Article 5 [The description shall commence with an unnumbered cover page, giving a short, descriptive name for the invention, and shall otherwise be composed of the following:
1) A General Section specifying the range of use of the invention and the state of the art to which it applies. The explanation of the state of the art shall be supported by references to written texts which deal with the respective technology and which the applicant is aware of. In particular, the benefits of the invention shall be pointed out, considering known technology, and what solutions are necessary in order to achieve the intended result. The discussion just mentioned must be in accordance with what is presented in the claims and in this context may make reference to them. If it is not obvious from the nature of the invention how it might be utilised in the employment sector, this shall be clarified in the description. In the case of an invention respecting genes, the means shall be clearly stated for utilising a genetic nucleotide sequence or portion of a genetic nucleotide sequence in the employment sector. If the invention concerns altering the genetic characteristics of animals, it shall be stated whether the invention might cause suffering to the animal and, if so, whether the invention will bring a significant medical benefit for people or animals.
2) A Specifics Section describing the invention more precisely and in particular mentioning examples of its execution or forms of its execution, referring to drawings if appropriate. Through examples, the invention shall be described well enough to consider the claims sufficiently founded. If drawings are referred to, it will generally be necessary to present a list of them in the introduction to this section of the description.]1)
1) Regulation no. 539/2004, Article 1, (Valid from June 30, 2004)
Article 5a
Micro-organisms [and other organisms]1)which are described in a publication available to the public may be identified by their category names, and if considered necessary for clarity, by reference to the publications in which the systematic analytical process is described.
[Organisms]2) which have not been described before shall be identified distinctively in order to avoid confusion with other [organisms]3).
[Organisms]3) shall generally be described in the style used in recognized specialist publications in this field.
In the case of [organisms]2) available to the public, information shall be given on how a sample of the [organisms]2) may be obtained.
1) Regulation no. 539/2004, Article 2(a) (Valid from June 30, 2004)
2) Regulation no. 539/2004, Article 2(b) (Valid from June 30, 2004)
3) Regulation no. 539/2004, Article 2(c) (Valid from June 30, 2004)
Article 6
If several independent claims are included in the patent claims, the description shall deal with each invention in the independent claims in the manner indicated in Article 5. Items in dependent claims (execution) for which protection is requested shall also be dealt with in the description to the extent considered necessary for assessment of the claim. It is sufficient that such discussion appear in the characterising section of the description.
Article 7
Invented names shall not be used.
Trademarks may be used in exceptional circumstances where it is difficult to differentiate a related product with a recognized name. In such cases the fact that the term used is a trademark shall be indicated. If the trademark is registered in Iceland this shall be indicated, where possible, with the symbol "R" in circle. The design and features of the product shall always be clearly described.
Article 8 The description and drawings shall be kept apart on separate sheets of paper. Tables and chemical or mathematical formula may appear in the description.
Article 9 Article 10
A patent claim shall include an introduction in which the items detailed in subarticles 1 and 2, paragraph 1, Article 14 RCPA appear, followed by a characterising section in which items detailed in subarticle 3 of the aforesaid section appear. The characterising section shall begin with the words "Characterised by" or other comparable expression.
Other formats for the patent claims may be permitted in special circumstances, e.g. in the case of use claims.
Article 11 Details shall be given in each patent claim of the technical characteristic features which are necessary to achieve the intended results.
Article 12
A product shall usually be identified by a description of its composition, and an apparatus or machine by a description of the design features of each component. An invention may further be distinguished by describing the function of individual components if it is not possible to describe the invention effectively in any other way. Products, particularly in the field of chemistry, may, in the case of serious problems of definition, be distinguished by describing the production process ("product-by-process") and if necessary by stating other characteristic features of the product.
Article 12a Micro-organisms [and other organisms]1) which have previously been described shall be identified by their category names.
[Organisms]2) which have not previously been described may be identified in the description by direct or indirect reference to the section of the description which deals with their biological features.
1) Regulation no. 539/2004, Article 3(a) (Valid from June 30, 2004)
2) Regulation no. 539/2004, Article 3(b) (Valid from June 30, 2004)
Article 13
When a patent application is made for substances or compounds of substances which are considered known as individual substances, and appeal is made to the fact that such a substance or compound of substances is used for the first time in the processes referred to in paragraph 3, Article 1 of the Patent Act, the use shall be explained in the patent claims.
Article 14
A process shall be identified by describing its prerequisites (e.g. preparations, equipment, etc.) and its full cycle. (See Appendix II for more detail regarding patent applications relating to pharmaceuticals [which were filed prior to 1 January 1995.]1) )
1) Regulation.no. 286/1996, Article 40 (Valid from June 1, 1996)
Article 15
In claims relating to use, specific information shall be provided regarding the particular purpose for which the product, substance, equipment etc. or relevant process is used. If necessary, more specific information shall be provided regarding the product or process.
Article 16
Several independent claims, unrelated to each other, e.g. a claim relating to a product or a claim relating to a process, may be presented in the same application, notwithstanding that the inventions are explained, according to the presentation of the claims, with descriptions which are comparable in technical respects.
Article 17
Several independent claims of the same type (which relate to the same claim class) shall only be presented, if there are obvious problems in providing a precise enough description of the invention, e.g with different examples, if they were combined in the same patent claim. An invention of the type "sender-receiver" may also be explained in separate independent patent claims.
Article 18
An independent claim may be presented parallel to another independent claim. This shall apply in cases where an application contains independent claims which are related to each other in the manner referred to under Article 48. A parallel and independent patent claim shall include a complete description of the invention in question. A parallel and independent patent claim may be linked to another claim. Dependent claims shall be placed immediately following those independent claims to which, directly or by linkage to other dependent claims, they refer.
Article 19
Dependent claims shall not deal solely with self-evident or simple and obvious solutions regarding design or process technology. An inventory which merely lists examples of obvious items shall not be permitted in the patent claims.
Article 20
In the introduction and distinguishing features section of a patent claim cross-reference shall be made to drawings (cross-reference symbol in brackets). However, notwithstanding the crossreferences,the claim shall contain a clear explanation of the subject-matter for which protection is requested. Generalised comments such as "as has been described" or "as shown in the drawing" shall not be used in patent claims. In exceptional circumstances reference may be made directly to a graph or similar information presented in a drawing.
Trademarks shall usually not appear in patent claims.
Article 21 Abstracts shall be produced in such a way as to be of optimum assistance for novelty search in the technical field in question.
The abstract shall contain a short overview of the contents of the description, patent claims and drawings. The abstract shall state the technical field to which the invention relates. An abstract shall be worded in such a way that the following are easily understood: the technical problem the invention relates to, the fundamental features of the solution which the invention entails and in particular the main use of the invention. The abstract shall, where appropriate, contain the chemical formula which, among those contained in the application, best characterises the invention. The abstract shall not discuss the potential advantages of the invention nor make claims as to its value or potential for scientific use.
The abstract shall be intended to aid individuals in deciding whether they need to study the application itself or the patent itself.
The abstract shall not exceed 150 words.
Article 22 If drawings accompany the patent application the applicant shall state in the application form which drawing he wishes to appear with the abstract. If he fails to do this or if the Patent Office deems another drawing to have more explanatory value than the one selected by the applicant, the drawing selected by the Patent Office shall be published with the abstract. If the Patent Office considers it entirely unnecessary to publish a drawing with an abstract, no drawing need be included. Where technical characteristic features are explained in the abstract and also appear in the drawing, a cross-reference shall be provided in brackets after each main feature.
Article 23
Drawings shall be executed on A4 paper. If there are more illustrations than can be fitted on one sheet, further sheets shall be used. To aid reprinting or duplication, e.g. offset printing, one copy shall be on strong, white, matt, opaque paper or other durable material. The area covered by drawings shall not exceed 26.2x17.0cm. There shall be no frame or boarder around the paper. The minimum margins shall be 2.5cm top and left, 1.5cm right, and 1.0cm at the bottom.
Drawings shall not be folded or fixed together.
Article 24
The drawing shall include those items which are necessary for the understanding of individual parts of the description and these parts shall be identified with the same letters of the alphabet or numbers in both the description and the drawing. No reference signs other than appear in the description shall be used in the drawing and signs shall not be used to a greater extent than is necessary for the clarity of the description. The drawing shall not contain explanatory comments, except for brief explanations such as "water", "steam", "section A-B" or "closed". In charts or graphs which show a production cycle or in diagrams of electrical circuits descriptive symbols shall be used which are immediately comprehensible.
Article 25 The illustrations and text of the drawings shall be executed on durable paper, in clear black lines without colour.
All cross-sections shall be hatched. All printed symbols (numerals or letters of the alphabet) on the drawings shall be clear and printed in an easily readable script. Illustrations and printed symbols shall be suitable for offset printing and for reduction in size by 15%. In the case of complex illustrations, detail shall not be such that the drawing becomes unclear. Illustrations shall be separated from each other by a suitable space. Illustrations shall, regardless of the number of pages, be numbered consecutively, or if deemed convenient, with letters of the alphabet or both letters and numerals, preferably in the same order as the illustrations appear in the drawing. Identical items of the same type shall be labelled with the same symbol in all the illustrations.
Article 26
The description, claims and abstract shall be submitted in black print on strong, opaque, white A4 paper suitable for offset printing with 15% reduction. The text shall have line spacing of 1 1/2, a 2.5-4 cm left margin and 2-4 cm top margin. The text shall be justified with a right margin of 2-3 cm. There shall be a similar space at the bottom of the page. Only one side of the paper shall be printed. The text shall have a uniform appearance and individual characters shall be clear and distinct. Hand-written symbols or formulæ shall be in black.
The expression "characterised by" or other comparable expressions shall be printed as shown (with spaced type).
Pages for the description, claims and abstract shall be numbered consecutively with Arabic numerals. Page numbers shall be centred at least 2 cm from the upper edge of the page without full points or dashes before or after. Every fifth line of the description and claims shall be numbered at least 2.5 cm from the left edge. The patent claims may be printed on a separate sheet. The abstract shall be printed on a separate sheet.
If amendments are made to [a particular copy of the description, together with the claims and drawings, which is intended for the award of a patent]1) the said amendments shall be executed in such a way (e.g. by pasting over or erasing text) that they are not visible in the offset printed version.
1) Regulation no. 286/1996, Article 41 (Valid from June 1, 1996)
Article 27
All units of measurement shall be metric (SI) or, where measurements are provided in other units the SI equivalent shall be given in addition. Temperature shall be indicated in degrees Celsius or, if appropriate, in degrees Kelvin. Density (specific gravity) shall also be indicated in metric units. International norms shall be adhered to when indicating mathematical formulæ and units for the measurement of electricity, heat, sound, light and magnetism. In the field of chemistry generally recognised symbols shall be used for atomic weight, molecular and/or structural formulæ. In other respects, only technical terminology, signs and symbols which are generally used in the field in question shall be employed.
Article 28 Letters to the Patent Office shall be executed on white paper of a size not larger than A4. The application number shall be indicated on the first page of the letter.
Article 29 Models and any samples shall only be submitted if such is considered essential for the understanding of the description. Accompanying items of this sort shall usually not be returned.
Article 30
[An applicant who is not domiciled in Iceland must have an agent, residing in the European Economic Area, who can represent the applicant in all matters concerning the application. An applicant domiciled in Iceland, can choose to have an agent. The name and address of the agent shall be entered in the Registry of Patents.]1)
1) Advertisement, no. 290/2002, Article 1(Valid from April 9, 2002)
Article 31
A professional representative shall be granted authorisation either through the filing of a special document (deed of authorisation) signed by the applicant or by including the authorisation in the application form (subarticle 2, paragraph 3, Article 2 RCPA). The deed of authorisation shall contain information on the name, home and postal address of the applicant and of the person to whom authorisation is granted, as well as the name of the invention and/or the application number.
Where general authorisation is granted this shall be referred to in every application to which it applies.
Article 32 If a representative is also empowered to receive a summons or other notifications relating to a possible patent, cf. Article 66 PA, this shall be stated in the authorisation.
Article 33
A claim of priority (cf. Article 6 PA) which is made after an application has been filed shall be made by special request. The request shall be submitted within 3 months after the effective date of the application and shall include the information referred to in Article 10 RCPA.
Article 34
If a certificate and copy as referred to under paragraph 1, Article 11 RCPA is filed with the Patent Office together with a previously or simultaneously filed patent application, and the applicant refers to these documents or requests priority on the basis of an application which was filed in this country, the said certificate or copy shall only be filed if the Patent Office so requests.
of instructions concerning patent applications
No 575/1991 as amended by regulation No. 661/1995, 286/1996, 679/1996, 290/2002 and 539/2004.
(No provisions under this article)
The application and accompanying documents
The description
Where reference is made to published data the instructions under Article 83 shall apply.
Patent claims
The abstract
(Paragraph 3, Article 8 PA and Article 18, RCPA)
Drawings
Specific provisions concerning the description, claims and abstract (Article 4, RCPA) and accompanying documents
Models etc.
Authorisation of professional representatives
Priority claim and its implications