- General Provisions
- The Patent Application and its Processing
- International Applications
- Extent of Protection and Term of the Patent
- Payment of Renewal Fees
- Licensing, Transfer, etc.
- Termination of the Patent etc.
- Obligation to Give Information About Patents
- for Damages, etc.
- Miscellaneous Provisions
- Provisions Concerning Entry into Force
Legislative Texts
Official Icelandic Title: Lög um einkaleyfi
Translation from The Icelandic Law and Ministerial Gazette
EINKALEYFASTOFAN
Lindargötu 9 150 Reykjavík Ísland Table of Contents
page PART I General Provisions ............................................................................... 2 PART II The Patent Application and its Processing............................................... 4 PART III International Applications...................................................................... 8 PART IV Extent of Protection and Term of the Patent........................................... 11 PART V Payment of Renewal Fees..................................................................... 11 PART VI Licensing, Transfer, etc. ....................................................................... 12 PART VII Termination of the Patent etc. ............................................................... 13 PART VIII Obligation to Give Information About Patents ......................................... 14 PART IX Liability to Punishments, Liability for Damages, etc................................. 15 PART X Miscellaneous Provisions ...................................................................... 17 PART XI Provisions Concerning Entry into Force.................................................. 19
Act no. 17/1991 with amendments no. 67/1993
The holders of the powers of the President of Iceland according to Article 8 of the Constitution the Prime Minister, the Speaker of the United Althing, and the President of the Supreme Court,
make known: The Althing has passed this Act, and we have confirmed it by our approval:
General Provisions
Section 1
Any person who has made an invention which is susceptible of industrial application, or that person’s successor in title, may, upon application, obtain a patent which gives the holder the exclusive right to exploit the invention commercially.
The principal innovations which are not considered to be inventions are those which concern exclusively:
1. a discovery, scientific theory or mathematical method;
Legislative Texts 4. the presentation of information Methods for surgical or therapeutic or diagnostic methods practiced on humans or animals shall also not be regarded as inventions. This provision does not, however, prevent the granting of patents for products
and equipment, including for substances and compositions of substances, for use in methods of this type. A patent shall not be granted for: Section 2
Patents may only be granted for inventions which are new in relation to what was known before the filing date of the patent application and which also differ essentially therefrom.
Everything made available to the public in writing, in lectures, by public use or otherwise shall be considered as known. Also the contents of a patent application filed in this country before said filing date shall be considered as known if that application becomes available to the public pursuant to Section 22. The condition in the first paragraph that the invention must differ essentially from what was known before the filing date of the patent application does not, however, apply in respect of the contents of such applications.
Applications, which are discussed in Part III, shall in certain cases have the same effect in this country as is discussed in Paragraph 2, cf. Sections 29 and 38.
The stipulation in Paragraph 1 that the invention shall be new does not prevent the granting of a patent for a known substance or a known composition of substances for use in a method referred to in Paragraph 3, Section 1, provided the use of the substance or composition is not known in methods of this type.
A patent may be granted despite the fact that the invention was made available to the public within six months prior to the filing of the application, Section 3
The exclusive right conferred by a patent implies that no person except the proprietor of the patent may, without the proprietor’s consent, use the invention by: The exclusive right also implies that no person other than the proprietor of the patent may, without his consent, exploit the invention by offering or supplying a person who is not entitled to exploit the invention with such means for carrying out the invention in this country which relate to an essential element of the invention, if the person offering or supplying the means knows, or it is obvious from the circumstances, that said means are suited and intended for use in carrying out the invention. If the means are a staple commercial product, this paragraph only applies if the person offering or supplying the means attempts to induce the receiver to commit acts referred to in the first Paragraph. In applying the provisions of sentences 1 and 2 of
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this paragraph persons using the invention in a manner specified in Paragraph 3, Points 1, 3 and 4, shall not be considered as entitled to exploit the invention.
The following are excepted from the exclusive right: Section 4
Any person who, at the time when the application for a patent was filed, was using the invention commercially in this country may, notwithstanding the patent, continue such use while retaining its general character, provided the use does not constitute evident abuse in relation to the applicant or his predecessor in title. Such right of use shall also be due on corresponding conditions to any person who had made substantial preparations for commercial use of the invention in this country.
The right according to the preceding paragraph can only be transferred to others together with the business in which it originated or in which the use was intended to take place.
Section 5
Notwithstanding the grant of a patent, an invention may be utilized on a foreign vehicle, vessel or aircraft when such a means of transport is in this country temporarily or by chance.
The Minister of Industry may decree that, not withstanding the grant of a patent, spare parts and other accessories for aircraft may be imported into this country and used here for repair of aircraft of a foreign country in which corresponding privileges are granted to Icelandic aircraft.
Section 6
An application for a patent which the applicant or his predecessor in title have within the 12 months prior to the filing date disclosed in another application for a patent in this country or for a patent, inventor’s certificate or utility model protection in another country adhering to the Paris Convention for the Protection of Industrial Property of March 20, 1883, shall, when applying Paragraphs 1, 2 and 4 of Section 2 and Section 4, be deemed to have been filed simultaneously with the earlier application if the applicant so demands. Such a priority may also be enjoyed from an application for protection which does not relate to a country adhering to the Paris Charter, if Icelandic patent applications are granted corresponding rights and if legislation in the country in question corresponds essentially with the Charter.
The Ministry of Industry determines and stipulates the conditions for granting of such priority.
PART II
Section 7
This Act comes within the authority of the Ministry of Industry which controls a Patent and Registration office. The Patent Authority in this Act refers to this Office unless otherwise stated.
The Minister of Industry appoints a committee of appeal which rules on cases which are sent to appeal and which concern the Patent Authority, cf. Sections 25 and 67 of this Act. The committee is described in detail in the regulations accompanying this Act.
1) Act no. 67/1993, Sect. 1 (valid from January 1 1994)
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Section 8
An application for a patent must be made in writing and filed with the Patent Authority, or in the case referred to in Part III, with a patent authority in a foreign country or with an international organization.
The application shall contain a description of the invention, also comprising drawings if such are necessary, and a distinct statement of what is sought to be protected by the patent (patent claims). The description shall be so clear as to enable a person skilled in the art to carry out the invention with the guidance thereof. If an invention relates to a microbiological process or product made with such a process, such an invention will not be considered sufficiently disclosed unless the requirements in Paragraph 6 are fulfilled.
The application shall also contain an abstract of the description and claims. The abstract shall merely serve as technical information and it may not be taken into account for any other purpose.
The name of the inventor shall be stated in the application. If a patent is applied for by someone other than the inventor, the applicant shall prove his title to the invention.
The applicant shall pay a prescribed application fee. For the application, a prescribed annual fee shall also be paid for each fee year beginning before the application is finally decided on. A fee year according to this Act is 12 months and shall be counted the first time from the day on which the application was filed, and thereafter from the corresponding day according the calendar.
If in the carrying out of an invention, a microorganism is to be used which is neither available to the public nor can be described in the application documents so as to enable a person skilled in the art to carry out the invention with the guidance thereof, a culture of the organism shall be deposited no later than the date of filing of the application. The culture shall thereafter be continuously on deposit so that a person entitled under this Act to receive samples from the culture can receive a sample in this country. Regulations shall specify where deposits may be made.
If a deposited culture ceases to be viable or if samples from the culture cannot be supplied for other reasons, it may be replaced by a new culture of the same organism within the time period and otherwise in the manner prescribed by the provisions of the regulations. If this has been done, the new deposit shall be considered as having been made on the day when the earlier deposit was made.
Section 9
If the applicant so demands and pays the special fee, the Patent Authority under those conditions detailed in the regulations, shall allow the application to become subject to such novelty search by an International Searching Authority as referred to in Article 15(5) of the Patent Cooperation Treaty agreed at Washington on June 19, 1970.
Section 10
Patents for two or more mutually independent inventions may not be applied for in a single application.
Section 11
If a patent is sought for an invention disclosed in a patent application filed earlier by the applicant and not finally decided upon, the later application shall, on conditions laid down in the regulations, be regarded as filed at the time when the documents disclosing the invention were filed with the Patent Authority, if the applicant so demands.
Section 12
An applicant who is not domiciled in this country shall have an agent residing here who shall be entitled to represent him in all matters concerning the application.
Section 13
The application for a patent must not be amended so as to claim protection for subject matter which did not appear in the application at the time when it was filed, or shall be considered to have been filed pursuant to Section 14.
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Section 14
If the applicant amends the application within six months from the date of filing, the application shall be considered to have been filed at the time when the amendment was made, if the applicant so requests.
A request under Paragraph 1 must be made within two years from the date of filing of the application. Such a request may be made only once and may not be withdrawn.
Section 15
If the applicant has not complied with the requirements regarding the application, or if the Patent Authority finds other obstacles to the allowance of the application, the applicant shall be notified thereof and be requested within a specified term to explain his case or make corrections to the application. The Patent Authority may, however, without consulting the applicant, make such changes in the abstract as it deems necessary.
If the applicant fails, within the stipulated term, to render a statement or to take measures to overcome the objections raised, the application shall be dismissed. Notice of this shall be given in accordance with Paragraph 1.
A dismissed application will be reinstated if, within four months from the expiration of the specified term, the applicant submits a statement or takes measures to overcome the objections and, within the same term, pays the prescribed resuming fee.
If renewal fees according to Sections 8, 41 and 42 are not paid, the application shall be dismissed without further notification. Applications which have been dismissed on these grounds shall not be reinstated
Section 16
If, after having received the applicant’s statement, the Patent Authority still has objections to the allowance of the application, and the applicant has had an opportunity to submit a statement on the objections, the application shall be refused, unless there are found reasons to give the applicant another opportunity to state his case or amend his application according to Paragraph 1, Section 15.
Section 17
If a person claims before the Patent Authority that the proper title to the invention rests with him and not with the applicant, and if the case is deemed uncertain, the Patent Authority may invite him to bring an action before a court of law within a certain time. If the invitation is not complied with, the Patent Authority may disregard the claim in deciding on the patent application. Information to that effect shall be given in the invitation.
If litigation regarding the proper title to the invention is pending before the court, the patent application may be declared in abeyance until the litigation is finally settled by the court.
Section 18
If a person proves that the proper title to the invention rests with him and not with the applicant, the Patent Authority shall transfer the application to him, if he so requests. The transferee shall pay a new application fee.
If a request for transfer has been made under Paragraph 1, the application may not be dismissed, rejected or allowed until the request has been finally decided upon.
Section 19
If the application is in accordance with regulations and directives and no obstacles to the grant of a patent are found, the application shall be allowed for publication pursuant to Section 21.
After the application has been allowed for publication, no request under Section 14 may be made nor may the patent claims be amended so that the extent of patent protection is broadened.
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Section 20
Within two months after the application has been allowed for publication, the applicant shall pay the prescribed publication fee. In default thereof, the application shall be dismissed. The processing of a dismissed application shall be resumed if within four months after the expiration of the said period of time the applicant pays the publication fee and the prescribed resuming fee.
If a patent is applied for by the inventor and if, within the time specified in the first sentence of Paragraph 1 the application has been allowed for publication, he requests exemption from payment of the publication fee, the Patent Authority may grant him such exemption if he has considerable difficulties in paying the fee. If the request is rejected, a fee paid within two months thereafter shall be considered to have been paid within the proper time limit.
Section 21
When the publication fee pursuant to Section 20 has been paid, or exemption from the publication fee has been granted, the Patent Authority shall lay the application open to public inspection in order to afford the public an opportunity to file an opposition against the application. The publication shall be advertised.
An opposition shall be made in writing and be filed with the Patent Authority within three months from the date of the announcement.
From the day when the application is published, printed copies of the description, patent claims and abstract, with information on the applicant and the inventor, shall be obtainable at the Patent Authority.
Section 22
As from the date when the application is laid open to public inspection, the documents in the case shall be available to any person.
When 18 months have elapsed from the date of filing, or from the day when priority is claimed, cf. Section 6, the documents shall be available to the public, even if the application has not been laid open to public inspection. If a decision has been made to shelve or to refuse the application, the files shall, however, not be available unless the applicant requests resumption of the proceedings, appeals against the refusal or requests re–establishment of rights under Sections 72 or 73.
At the request of the applicant the files of the application shall be made available earlier than prescribed in Paragraphs 1 and 2.
When the files are made available under Paragraphs 2 or 3, a notice to that effect shall be published.
If a document contains business secrets which do not concern an invention which has been the subject of a patent application, the Patent Authority may, on request and in special circumstances, decide that the document shall not be available or only available in part. If such a request has been filed, the document shall not be made available until a decision has been made or until the period within which the decision may be appealed against has passed. An appeal shall have the effect of suspending the implementation of any decision.
If a culture of a microorganism has been deposited under section 8, any person shall have the right to obtain a sample of the culture when the files become available under Paragraphs 1, 2 or 3. This does not imply that any sample shall be furnished to a person who, according to rules laid down in or pursuant to law, is not allowed to handle the deposited microorganism. Nor shall any sample be furnished to any person if, due to the dangerous properties of the organism, his handling of the sample is considered to involve obvious danger.
Notwithstanding Paragraph 6 the applicant may request that until the application has been laid open to public inspection or has been finally decided upon without having been laid open to public inspection, the furnishing of a sample shall only be effected to a expert in the art. The Minister of Industry shall lay down provisions governing the time limit for the submission of such a request and prescribing who may be considered an expert in this context.
The request for the furnishing of a sample shall be filed in writing with the Patent Authority and shall contain a declaration of observance of the restriction on the use of the sample in accordance with the rules
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Section 23
PATENT ACT
no. 17/1991 with amendments no. 67/1993
Special reproduction
Patents Act
PART I
The Patent Application and its Processing