Patents Act
No. 17/1991, with amendments according to Acts No. 92/1991, No. 67/1993, No. 36/1996, No. 91/1996, No. 132/1997, No. 82/1998, No. 28/2002, No. 72/2003, No. 22/2004, No. 53/2004, No. 54/2004, No. 12/2005, No. 127/2005, No. 108/2006 and No. 167/2007.
PART I
General Provisions.
Article 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. [Inventions are patentable in any field of technology] 1)
The principal innovations which are not considered to be inventions are those which concern exclusively:
1. a discovery, scientific theory or mathematical method;
2. an aesthetic creation;
3. a scheme, rule or method for performing mental acts, for playing games or for doing business, or a programme for a computer;
4. the presentation of information.
[The granting of patents for inventions involving surgical, therapeutic or diagnostic methods for humans or animals shall be prohibited. However, this shall not prevent the possibility of granting patents on devices and products for exploitation within these methods, including on substances and compositions. A patent shall not be granted for plant or animal varieties. It is however possible to grant patents for inventions pertaining to plants and animals if the implementation of the patent is not confined for technical reasons to a particular plant or animal variety. In this Act, plant variety refers to a plant variety as it is defined in the Act on Plant Variety Rights, No. 58/2000. A patent shall not be granted on an essentially biological process for producing plants or animals. By an essentially biological process, this Act refers to a method that on the whole is based on natural phenomena such as crossing and selection. Nonetheless, patents may be granted for processes in the field of microbiology or other technical methods or the products of such processes. Process in the field of microbiology refers to any method that exploits microbiological material or produces microbiological material.
An invention may be patentable even though it involves a product consisting of or containing biological material, or pertains to a method for producing, processing or using biological material. Biological material which has been isolated from nature or produced by a technical process may be considered an invention, even if it is found in nature. In this Act, biological material refers to material containing genetic information and capable of reproducing itself or being reproduced in a biological system.] 2)
1) Act No. 22/2004, Art. 1 (a) (Valid from May 11 2004)
2) Act No. 22/2004, Art. 1 (b) (Valid from May 11 2004)
[Article 1 a
The human body in its various stages of formation or development and the mere discovery of any of its elements, such as nucleotide sequences or partial nucleotide sequences of genes,
cannot be considered patentable inventions. Notwithstanding Paragraph 1, an element of the human body, including a nucleotide sequence or partial nucleotide sequence of a gene, which is isolated from the body or produced in another way by a technical process may be considered a patentable invention even if the structure of such an element is identical to the structure of a natural element.] 1)
1) Act No. 22/2004, Art. 2 (a) (Valid from May 11 2004)
[Article 1 b
A patent shall not be granted for a discovery if its exploitation for commercial purposes is contrary to ordre public or morality.
Exploiting an invention is not considered contrary to ordre public or morality for the sole reason of being banned by law or government regulations.
In consequence of the provisions of Paragraph 1, it is for instance impermissible to grant patents for:
1. processes for cloning human beings,
2. processes for modifying the genetic identity of human sex cells,
3. uses of embryos for industrial or commercial purposes or
4. processes for modifying the genetic identity of animals that are likely to cause them suffering without significant medical benefit from the methods for man or animal, nor patents for animals resulting from such methods.] 1)
1) Act No. 22/2004, Art. 2 (b) (Valid from May 11 2004)
Article 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 Article 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. Articles 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, Article 1, provided the use of the substance or composition is not known in methods of this type.
[Moreover, the stipulations in Paragraph 1 shall not hinder the granting of a patent for a known substance or known composition of substances specifically to be used in the methods mentioned in Paragraph 3 of Article 1, insofar as such use is not known.] 1)
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,
1. in consequence of evident abuse in relation to the applicant or his predecessor in title; or
2. because the invention was displayed by the applicant or his predecessor in title at an official, or officially organized exhibition falling within the terms of the Convention on International Exhibitions signed at Paris on November 22, 1928.
1) Act No. 53/2004, Art. 1 (Valid from June 14 2004)
Article 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:
1. making, offering for sale, putting on the market, or using products or equipment protected by the patent, or importing or possessing such items for these purposes;
2. using a process which is protected by the patent or, while knowing, or it being obvious from the circumstances, that the use of the process is prohibited without the consent of the proprietor of the patent, offering the process for use in this country;
3. offering, putting on the market, or using products made by a process protected by the patent or importing or possessing the product for these purposes.
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 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:
1. use which is not commercial;
2. [use of the product protected by the patent which is put on the market within the European Economic Area, within a member state of the incorporation of the European Free Trade Association or in the Faroe Islands by the proprietor of the patent or with his consent]1);
3. use of the invention for experiments which relate to the invention itself, [i.a. studies and trials and other related procedures that are necessary to make possible an application for marketing authorization for e.g. a generic medicinal product and an improved pharmaceutical form;]2)
4. preparation in a pharmacy of a medicine in accordance with a physician's prescrip-tion in individual cases or acts with the medicine so prepared.
1) Act No. 108/2006, Art. 32 (Valid from November 1 2006)
2) Act No. 12/2005, Art. 1 (Valid from March 22 2005)
[Article 3 a
A patent on biological material that has particular characteristics as a result of the invention shall extend to any biological material which is derived in the same or altered form by propagation or multiplication from that material and possesses the same characteristics. A patent on a process for producing biological material that has particular characteristics as a result of the invention shall extend to the biological material produced directly by that process, as well as to any other biological material which is derived in the same or altered form by propagation or multiplication from the directly produced biological material and possesses the
same characteristics. A patent on a product containing or consisting of genetic information shall extend to all materials that the product is a part of and that contain genetic information performing its function there, cf. however Article 1 a. A patent as referred to in Paragraph 1-3 does not, however, extend to biological material obtained by propagation or multiplication of biological material [marketed in the European Economic Area, in a member state of the incorporation of the European Free Trade Association or in the Faroe Islands]1) by patent holders or with their consent if the propagation or multiplication is a necessary factor in the use for which the biological material was marketed, provided that the material obtained will not be used for further propagation or multiplication.] 2)
1) Act No. 108/2006, Art. 33 (Valid from November 1 2006)
2) Act No. 22/2004, Art. 3 (a) (Valid from May 11 2004)
[Article 3 b
Notwithstanding the provisions of Paragraph 1-3 of Article 3 a, sales to and other commercial exchanges with farmers, on the part of the patent holder or by her/his consent, of plant propagating material for agricultural use may be regarded as approval of the farmers' using their harvest themselves for propagation and multiplication on their own land. The scope and conditions for this exemption shall be in accordance with provisions of the Act on Plant Variety Rights, No. 58/2000, as subsequently amended, and with regulations based on that Act. Notwithstanding the provisions of Paragraph 1-3 of Article 3 a, sales to and other commercial exchanges with farmers, on the part of the patent holder or by her/his consent, of breeding livestock or other animal reproductive material may be regarded as approval of the farmers' being authorised to use the protected livestock in agriculture. This includes, among other things, farmers being allowed to use animals and other materials for reproducing animals in their agricultural operations but not being allowed to sell the animals or the materials as a factor in reproduction activity for commercial reasons or with such an aim. [The Minister of Business Affairs]1) shall issue a set of regulations on the scope and conditions for farmers' utilising such discoveries protected by patents.] 2)
1) Act No. 167/2007, Art. 86 (Valid from January 1 2008)
2) Act no. 22/2004, Art. 3 (b) (Valid from May 11 2004)
Article 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.
Article 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 Business Affairs]1) 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.
1) Act No. 167/2007, Art. 86 (Valid from January 1 2008)
Article 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 Article 2 and Article 4, be deemed to have been filed simultaneously with the earlier application if the applicant so demands. [[The Minister of Business Affairs]1) may decide that applications, filed in States which are not members of the Paris Convention, may form the basis for priority in accordance with this Article.]2)
[ ... ]3)
1) Act No. 167/2007, Art. 86 (Valid from January 1 2008)
2) Act no. 36/1996, Art. 1 (Valid from June 1 1996)
3) Act no. 36/1996, Art. 2 (Valid from June 1 1996)
PART II
The Patent Application and its Processing.
Article 7
This Act comes within the authority of [the Ministry of Business Affairs]1) which controls a Patent and Registration office. The Patent Authority in this Act refers to this Office unless otherwise stated.
[The Minister of Business Affairs]1) appoints a committee of appeal which rules on cases which are sent to appeal and which concern the Patent Authority, cf. Articles 25 and 67 of this Act. The committee is described in detail in the regulations accompanying this Act.
1) Act No. 167/2007, Art. 86 (Valid from January 1 2008)
Article 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.