Patents
Patents protect the technical embodiment of an invention, such as equipment and products, as well as methods or applications. Basic requirements for granting an invention a patent is that it is new (worldwide), inventive (differs essentially from prior technology) and capable of industrial application (the invention must be suitable for mass production).
European Patents
The European Patent Convention is a multinational convention in which 38 member states participate, including all 28 member states of the European Union and 10 other non EU member states. Iceland has been a party to the Convention since 1 November 2004. The European Patent Organization is an independent intergovernmental organization.
European Patent Validation in Iceland
Patent applications filed at the European Patent Office (EPO) are prosecuted in a single official language, which can be either English, French or German. An applicant/inventor can apply by filing an application either directly at the European Patent Office, or via a local national receiving office, such as the Icelandic Patent Office.
At the end of the patent application procedure, the European Patent Office grants a single European patent covering all designated states.
Once granted, the European patent is open to opposition from third parties for a period of 9 months. Simultaneously with the opposition period, within 4 months of grant, the patent must be "validated" in Iceland to continue the rights for their maximum 20 year term from first filing date.
The following must be filed with the Icelandic Patent Office within four months of the date EPO published notification of granting the patent in order to confirm a European patent in Iceland, cf. Article 77 of the Patents Act:
- Publication fee, as provided for in the list of fees.
- An Icelandic translation of the patent claims.
- If the patent was granted in French or German, an Icelandic or English translation of the description and other parts of the patent must be filed (it is not necessary to file a translation of the description and other parts of the patent if the patent was granted in English).
- Information on the patent's number and the name and address of the patent holder.
- Applicants who do not reside in Iceland must have an agent to act on their behalf with respect to the Icelandic Patent Office, until the patents take effect in Iceland.