Patent Registration in Cyprus

A patent is a legal right granted by a government to an inventor or assignee for a limited period of time in exchange for the disclosure of an invention. The purpose of a patent is to encourage innovation by providing inventors with a monopoly over their invention for a set period, during which they can control who makes, uses, or sells their invention.

A patent protects the invention itself, rather than the idea behind it, and can cover a wide range of inventions, including products, processes, machines, or compositions of matter. To be eligible for a patent, the invention must be new, involve an inventive step, and be capable of industrial application.

Once granted, a patent gives the owner exclusive rights to their invention for a set period of time, typically 20 years from the date of filing the patent application. During this time, the owner can prevent others from making, using, or selling the invention without their permission. After the patent expires, the invention enters the public domain, and anyone can make, use, or sell it without restriction.

The Patent Law 16(I)/1998 is the primary law governing patents in Cyprus. The law provides for the registration of patents for inventions that are new, involve an inventive step, and are capable of industrial application. The law is in line with the European Patent Convention (EPC) and the Patent Cooperation Treaty (PCT), which govern patent registration at the international level.

The Patent Law 16(I)/1998 also provides legal remedies for patent infringement. Patent holders can seek damages, injunctions, and seizure of infringing products to protect their rights and prevent others from profiting from their inventions.

Pharmaceutical, Plant Protection & Paediatric Pharmaceutical Products

Under the Patent Law 16(I)/1998, the period of protection for patents can be extended for certain types of products, including pharmaceuticals and plant protection products. In the case of these products, the period of protection can be extended to 25 years, instead of the standard 20-year period.

For pharmaceutical products, the period of protection can be extended to 25 years if the product has been authorised for sale in the European Union and meets certain conditions under the law. Specifically, the product must be a medicinal product for human use or a veterinary medicinal product, and it must have been subject to an administrative authorisation procedure in the European Union that has resulted in the issuance of a marketing authorisation. In addition, the product must not have been placed on the market in the European Union more than 5 years before the filing of the patent application.

For plant protection products, the period of protection can also be extended to 25 years if the product has been authorised for sale in the European Union and meets certain conditions under the law. Specifically, the product must be a plant protection product, and it must have been subject to an administrative authorisation procedure in the European Union that has resulted in the issuance of a marketing authorisation. In addition, the product must not have been placed on the market in the European Union more than 6 years before the filing of the patent application.

In the case of paediatric pharmaceutical products, the period of protection can be extended to 25 years and 6 months. This extension is designed to encourage the development of medicines for children, who are often underrepresented in clinical trials and may have unique medical needs. In order to be eligible for the extended period of protection, the product must be authorised for sale in the European Union and must have been studied in clinical trials in children.

Patent Infringement

Under the Patent Law 16(I)/1998, patent holders have legal remedies available to them in case of patent infringement. If someone is found to be infringing on a patent, the patent holder can seek the following legal remedies:

1. Damages: The patent holder can seek damages for any financial loss suffered as a result of the infringement. This could include lost profits or other monetary damages.
2. Injunctions: The patent holder can seek an injunction to prevent further infringement of the patent. This could include a court order preventing the infringing party from making, using, selling, or importing the patented invention.
3. Seizure of infringing products: The patent holder can seek to have infringing products seized and destroyed. This can be an effective way to prevent further infringement and protect the intellectual property rights of the patent holder.

In order to prove infringement, the patent holder must demonstrate that the infringing party is making, using, selling, or importing the patented invention without their permission.

The Patent Law 16(I)/1998 is the primary legislation governing patent protection in Cyprus. It outlines the requirements that must be met in order for an invention to be eligible for patent protection. These requirements are similar to those in other jurisdictions and can be summarised as follows:

1. Novelty: The invention must be new, meaning that it has not been made available to the public before the date of filing the patent application. This requirement ensures that the invention is not already known or used by others.
2. Inventive step: The invention must involve an inventive step, meaning that it is not obvious to a person skilled in the relevant field. This requirement ensures that the invention represents a non-trivial advance over the existing state of the art.
3. Industrial applicability: The invention must be capable of industrial application, meaning that it can be made or used in some kind of industry. This requirement ensures that the invention is not purely theoretical or speculative in nature.

In addition to these substantive requirements, there are also procedural requirements that must be met. These include:

1. Filing requirements: The patent application must be filed in the name of the inventor or inventors and must include a description of the invention, as well as any drawings or diagrams necessary to understand it. The application must also include a set of claims that define the scope of the invention.
2. Examination requirements: The patent application must be examined by the Cyprus Patent Office to determine whether it meets the legal requirements for patentability. This examination process can take up to two years and involves a thorough review of the application, including the claims made in it.
3. Publication requirements: Once the patent application has been accepted, it is published in the Cyprus Patent Office’s Official Gazette. This publication notifies the public of the existence of the patent and its scope.

4. Grant requirements: The final stage of the patent registration process is the grant of the patent. Once the patent has been granted, the inventor has exclusive rights over the invention for 20 years from the filing date.

We offer a comprehensive range of patent registration services to clients in Cyprus and around the world, including:

Our lawyers are skilled in working with clients across a wide range of industries, including biotechnology, pharmaceuticals, software, and engineering, among others. We take a collaborative approach to our work, partnering with clients to understand their unique needs and goals and develop a customised patent strategy that meets their specific needs.

At Chambers & Co, we are committed to providing our clients with high-quality, personalised service and support at every stage of the patent registration process.

Our lawyers are passionate about intellectual property law and have a deep understanding of the complexities and challenges of navigating the patent system.

We are dedicated to helping our clients achieve their goals and protect their valuable intellectual property assets, and we have a track record of success in doing so.

To learn more about our patent registration services in Cyprus, please contact us directly to schedule a consultation with one of our lawyers. We look forward to the opportunity to work with you and help you protect your valuable intellectual property assets.