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Iranian Patent Law
Invention is the result of the thought of an individual or individuals who first presents a particular process or product and solves a problem in one’s profession, technology, technology, industry and the like.
An invention can be registered in Iran that contains a new industrial application. The new initiative is one that does not exist in the prior art or industry and is not known to the person skilled in the art and is considered an industrial invention that can be manufactured or used in a field of industry. By industry, it has a broad meaning, including industries such as handicrafts, agriculture, fishing and services.
The following are outside Iranian patent law:
A. Discoveries, scientific theories, mathematical methods and artwork.
(B) Plans and rules or methods for doing business and other mental and social activities.
(C) Methods of diagnosis and treatment of human or animal diseases.
This clause does not include products that conform to the definition of the invention used in those methods.
Genetic resources and their genetic components as well as the biological processes of their production.
E) what is already foreseen in the arts and crafts.
Prior art or industry is anything that has been disclosed in any part of the world by written or oral publication, by practical use, or any other means, prior to the application or in the case of the patent right arising out of the patent application.
Registration shall not be prevented if the invention is disclosed within six months before the date of application or, where appropriate, before the patent date.
And – inventions that are contrary to religious standards or public order and ethics.
The rights arising from a patent in Iran are as follows:
A. The exploitation of a patent registered in Iran by persons other than the owner of the invention shall be subject to the consent of its owner. The patent application will be as follows:
* If the invention is related to the product:
First, manufacture, export and import, supply for sale, sale and use of the product.
Second, storage for the purpose of supply for sale, sale or use of the product.
* If the subject of the patent is process:
First, use the process.
Second, the performance of any of the matters set forth in sub paragraph (1) (a) of this Article in respect of goods obtained directly through this process.
(B) The Owner may, subject to paragraph (c) of this Article and Article 17, against any person who, without his permission, infringes the rights referred to in paragraph (a) and infringes upon an inventor or performs an action that may lead to Infringe on the right to sue, sue the court.
(C) The rights arising out of a patent shall not include:
* Operation of goods supplied by the owner of the invention or by his agreement in the Iranian market.
* The use of inventive vehicles in airplanes, land vehicles or ships of other countries which temporarily or accidentally enter airspace, land borders or inland waters.
* Operations performed solely for the purpose of testing the patent.
* exploitation by any person who in good faith before the patent application or in cases where the patent right has been claimed, has used the invention before the patent application date, or taken serious and effective measures to prepare for its use in Iran. Is acting.
(D) Previous user rights referred to in paragraph (4) (c) of this Article may be exercised only with the company or business or with the part in which the invention was used or the arrangements for its use. Is transfer or assignment.