What is an invention

What is an invention

An invention 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. The invention includes: the creation of any novel industrial product, a new means or the discovery of new methods using existing ones to obtain a different result or industrial product.

Why should we register an invention

By this, all the rights shall belong exclusively to their respective creator and no one other individual bears the right to exploit the creator's work or violate his/ her moral rights.

How is the process of registration of the Patent

Applying for a patent is possible through the Patent and Industrial Property System on the website www.ssaa.ir. The applicant must visit the system and register. After which the applicant shall complete the application and submit it to the Office of Industrial Property for review. After the completion of the review process, if all the conditions were met, the submitted application shall be registered and an “Patent” issued in the applicant's name.

How many years will it take for a “Patent” to be expired

It is 20 years. Owners and inventors shall be subject to pay annually for the “Patent”. In case the annual expense is not paid, the application shall be returned or “Patent” no longer bears any legal validity.

Is it possible to register a Patent for a number of persons

An invention can be registered over a person(s) and juridical owners.

Name the different types of invention

Invention of product, the invention of a process, instrument or method, the invention of a specific process for manufacturing a product and new usage of a known object.

What is a “Patent

A “Patent” is a document issued to the inventor, for the protection of an invention and thereof may enjoy privileges and exclusive rights of his/her invention. The "Patent" is, in fact, a document that is granted by a national or local agency for an invention based on the stipulated conditions. This document provides the owner the exclusive right to prevent other individuals from making, using, supplying for sale, sale, and importation of products or process subject to the invention.

Is it possible to renew “Patent” validity period if the invention doesn’t change

.The validity period of a “Patent” can be renewed

What is the “complementary invention

Complementary patent is granted to improve an invention. Generally, it bears exclusive features and regulations in terms of period and the payment for the renewal of validity date and includes varied types of industrial inventions recognized by the country’s law, e.g., complementary patent, patent of addition, etc.

If someone registers an invention, is it possible for another individual to register the innovatively completed version of that invention

.If someone registers an invention and another person can make changes up to 30%, this invention can be registered, again

How many types of the invention can be registered in Iran

Domestic inventions can be registered. However, registration for international inventions shall be done by Intellectual Property Organization.

What are differences between an inventor and the owner of the invention

Individuals who create innovations shall be entitled as an "Inventor" in the patent industry and necessarily, a natural person. However, an individual presenting the invention application to the Patent Office for registration shall be entitled “Invention Owner” and they can be a juridical or a natural person. On the invention application, the inventor and owner can be the same person.

Which organization shall be responsible for registering an invention

Real Estate Registration Organization of Iran and Intellectual Property Organization

Is it possible to exploit an invention after being registered

The exploitation of the patented invention in Iran by persons other than the owner of the patent shall require the agreement of the latter. ”Exploitation” of a patented invention includes any of the following acts:

  • If the patent has been granted for a product

    making, exporting and importing, offering for sale, selling and using the product

    stocking such product for the purpose of offering for sale, selling or using

  • If the patent has been granted in respect of a process:

    using the process

    doing any of the acts referred to in paragraph

A tip: The exploitation of a patent shall be limited to the purpose for which it was authorized and shall be subject to payment to the said owner of an adequate8remuneration thereof, taking into account the economic value of the decision. The owner of the patent shall have the right to institute court proceedings against any person who performs any of the acts referred to in above paragraph and infringes the patent rights or performs any other acts which will result in the infringement of his rights.

Name the process of registering an invention

Step 1

to provide documents, receive and complete an application form (names of the inventors, the name of the invention owner, address and indictment (3 copies) To provide a summary of the description: invention description and technical maps (3 copies) To provide the birth certificate and national identification card (3 copies) (in case the applicant is not the inventor, power of attorney shall be provided)

Step 2

to state university or company name in potent registration form (letter of introduction from the university or company), designation of inventors share with the university or company (university share 25% and company share up to 100%) and to submit a letter to the director of industrial property organization from the university or company)

Step 3

to visit registration office (advocate or representative), to pay for legal cost of applying for potent, attend at the office and introduce one of the academic and research centers for receiving acknowledgment (you can introduce the reference electronically, you must visit the introduced research center and provide all the necessary papers and documentations for reviewing and scientific assessment of the invention)

Step 4

to be introduced to an official gazette

Step 5

(to obtain the final license of patent (the issuance of the license with the name of the inventors

Which inventions cannot be registered

The following shall be excluded from the scope of the protection of a patent:

  • Discoveries, scientific theories, mathematical methods and works of art
  • Schemes, rules or methods for doing business, performing mental or social acts
  • Methods for treatment or diagnosis of human or animal diseases
  • Genetic resources and genetic components comprising the same, as well as biological processes for the production of the same
  • Anything that has been already anticipated in industries and techniques. Prior art is everything disclosed to the public, anywhere in the world, through written or oral publication, by practical use or in any other way, prior to the filing or, where appropriate, the priority date, of the application claiming the invention.
  • Those inventions the commercial exploitation of which would be contrary to Sharia Rules, public order or morality shall not be patentable

Is software can be registered as an invention

 :An indictment must be provided for the Patent General Office and your case shall be assessed in 3 steps

  • The patent office professional shall examine the claim by nature to make sure it complies with the patent concept.
  • The patent office professional shall search the system to prevent duplicate patent.
  • After the above two steps, an Inquiry Letter for scientific authority (for the software of Iran's High Council of Informatics) shall be established and if approved by Iran's High Council of Informatics, the rest of the registration process shall be related to the office affairs and registration in the official gazette.

What measures can be taken if a person uses our patent? If a person uses a patent without receiving any authorization, the inventor holding patent documents shall have the right to institute court proceedings against any person.

Is it possible to be the inventor but to grant the right to use to another person

The right to patent shall exclusively belong to the inventor. If two or more persons have jointly made an invention, the right to patent shall belong to them jointly. The right to a granted patent may be assigned and in case of death of the person holding the right, it shall be transferred to his/her heirs. A tip: You can be an inventor and grant the right to use, to the consent of the inventor, to other individuals for production, sale, exploitation, and export.

Is it possible to transfer a patent

In this type of transfer, all rights granted under the patent shall be transferred to another. Ownership can be transferred and granted, permanently.

Is it possible to register a number of parts or products, simultaneously, as an invention to complete the final invention

It is possible if they are related to a class of international classification or to a set or a combination of parts though.

Is it possible for the inventor to monopolize components of an invention after registration

The components and materials available on the market cannot be monopolized. We can only monopolize output and innovative techniques, not the components that are available in the market.

Is it possible for the owner of an invention to be legal entities

It is possible for ownership to be legal but inventor to be a person (owner may be a company or university but the inventor must be a real natural person)

Is it possible to patent both the product and the brand on the package, simultaneously, before registration

For invention, trademark certificate shall not be required. However, the trademark must be registered for sale and supply to market.

If the investor for making an invention is an individual other than the inventor, how should the registration be done so that both of the rights be preserved

To the consent of the inventor, the investor may be authorized to produce or inventor may grant him/ her right to be an inventor before submitting the application.

How long does it take to register an invention

For every invention, it may take 3 to 4 months to be reviewed at academic and scientific centers. After that, the invention advertisement shall be printed in the gazette and the final patent certificate issued.

In case a dispute arises between the inventor and investor, whose right to the invention shall be preserved

All the rights shall belong exclusively to the inventor. However, if two more persons have jointly made an invention, the right to patent shall belong to them jointly.

Is it possible to invent a product that has new and specific properties

An invention shall be patentable if it includes a new innovation, and is industrially applicable. An innovation includes anything that has not been anticipated by prior art and would not be obvious to a person having ordinary skills in the art. An invention shall be considered industrially applicable if it may be made or used in a given line of industry

Is it possible for an executive method to be registered as an invention in case of innovation and new ideas

Educational and commercialization methods and rules that cannot fit into an idea shall not be registered

What strategies do you propose to observe post-patent rights in industrial processes

Advertisement and exposing yourself as an inventor to the public