A patent is a right to ownership of an invention granted to the inventor by the government. It allows the patent owner exclusive use of (and the right to license out use of) the invention in return for revealing it to the public domain. In December 1997 Cyprus entered the European Patent Organization (EPO) and became a signatory of the Patent Cooperation Treaty (PCT). The Department of Registrar of Companies and Official Receiver Office has an Intellectual and Industrial Property Division that deals with the registration of patents in Cyprus. It also registers and protects patents granted by the EPO and international patents under the PCT.
In order to register a patent in Cyprus, one must submit the relevant application to the Registrar, giving a full description of the invention, claims, drawings and an abstract.
In order to gain protection, the Registrar must be satisfied that the invention is:
This means that the invention cannot form a part of the current state of the art, in other words, it should not have previously been available to the public, either in Cyprus or abroad.
An Inventive Step
In order to make an inventive step, the invention must not have been obvious to an expert who is skilled in the relevant art.
Capable of Industrial Application
This means that the invention needs to be able to be made or used in any sector of “industry”, which is given a wide interpretation.
There are some matters that by their very nature cannot be patented including:
- Discoveries, scientific theories and mathematical methods;
- Aesthetic creations;
- Schemes, rules and methods of performance;
- Inventions contrary to public order or morality.
Once granted, a Cypriot patent will give the owner exclusive right to use the invention for a period of twenty years from the date of filing.
During this period the owner has the right to sell the patent rights as well as to license use of the invention.
A third party will be deemed to have infringed the patent if, in relation to a product that incorporates the invention, he does any of the following acts:
- Makes such a product;
- Offers or puts onto the market such a product;
- Uses such a product;
- Induces a third party to use such a product.
It should be noted that action for infringement will be brought before the District Court and that an injunction to freeze use pending the hearing can be obtained.
Michael Chambers & Co. LLC’s team of intellectual property lawyers can advise on the registration of a patent as well as assist in creation of sale or licensing agreements and defend the rights of patent owners and alleged infringers where infringement is at issue. If you wish to speak to one of our intellectual property lawyers then pleasecontact us.