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Department of Registrar of Companies and Intellectual Property
Home  /  Knowledgebase  /  FAQs  /  Patent

FAQs

What is a patent?

A Patent is a protection title, valid for 20 years (provided that the annual fees are paid) granted to the beneficiary for new inventions involving an inventive step and which are susceptible to industrial application. An invention is considered new if it’s not part of the state of the art and involves an inventive step - if, that is, at the discretion of an expert, it does not arise in an apparent manner from the current state of the art. It is susceptible to industrial application if it can be manufactured and used in any sector of the manufacturing process.

What is not deemed an invention?

The following are not considered inventions:

  1. discoveries, scientific theories and mathematical methods;
  2. aesthetic creations;
  3. drawings, rules and methods for performing mental acts, games or doing business, as well as computer programs;
  4. presentations of information.

Furthermore, a Patent is not granted in relation to an invention whose exploitation is contrary to public order or good morals, provided that such exploitation is not deemed to be contrary simply because it is prohibited by Law and Regulations.

What is the procedure for registering a national patent?

The authorised lawyer or the applicant may file an application for granting a patent along with the accompanying texts which include the description, claims, summary and drawings, if any, with the Department of Registrar of Companies and Intellectual Property. The texts are written in a particular format on the basis of the Patents Law of 1998 and Regulations R.A.A. 46/99. A certified translation is made in a foreign language: English, French or German, either by an affidavit or by sworn translator of the Republic of Cyprus.

The application is preliminarily examined regarding formalities and the document attached and, provided that it meets the requirements of the Law, it is sent to the European Patent Office attached with the relevant fee, for conducting the search report, which, upon being studied by the submitter, and provided that the invention is registrable, is registered with the Department of Registrar of Companies and Intellectual Property. Upon paying the relevant fees, the Grant Certificate is issued and published in the Official Gazette of the Republic. Provided that the annual renewal fees are paid,  the invention is protected up to twenty years.

 For more details, visit page Granting a National Patent.

When the new form of agent authorization is required?

The new form of agent authorisation is required where the previous authorisation has been revoked.

How many years the Patent is valid?

The duration of a Patent is 20 years from the filing date of the application. The validity of a Patent depends on the payment of the prescribed annual renewal fees.

In case where the Patent concerns a pharmaceutical product, following a relevant application, an additional protection is granted, the duration of which cannot exceed 5 years from the date of the basic Patent.

Additionally, if the Patent relates to a paediatric pharmaceutical product, upon submitting the relevant application, an additional protection of 6 months is granted.

What is the renewal procedure of a Patent?

The application for renewal of a Patent is filed with form Π.13 and must be accompanied by a fixed renewal fee of the specific year, 3 months before the expiry of the patent. In case where the application is filed through a representative, the form of authorisation of agent (Π.8) signed by the patent’s owner must be sumbitted.

There is an additional charge for late payment of renewal fees for each month or specific days for the delay (not exceeding 6 months) of 25% in addition to the renewal amount, for each month of delay.

If the annual renewal fees for a patent have not been paid within the grace period of 6 months provided by Law, the application is withdrawn or, respectively, the Patent is strike off.

The submitted has the right, up to 12 months after the expiry of the grace period or, within 18 months of the date of withdrawal/strike off, to submit an application for reinstatement by form Π.14. If the Registrar approves the application for reinstatement, then the submitter is called to file the form Π.15 attached with the corresponding renewal, by paying also the respective renewal fees together with the relevant charges and the reinstatement fee.

For more details, please refer to page Renewal of a Patent.

What is the procedure for ammending owner’s name/address?

  • Form  Π.2 with the relevant fees;
  • relevant documents that proof the change of name/address (EPO Form 2544, excerpt from the company register, change of owner’s name/address certificate etc.)
  • Authorisation form Π.8 in relation to the new name/address;
  • Translation either by an affidavit or by sworn translator of the Republic of Cyprus.

For more details, please refer to page Amending patents particulars.

A transfer of rights has taken place (assignment/merger). What must be filed?

  • Form Π.3 with the relevant fees;
  • Assignment/merger agreement, which must include:
    • assignment/merger date;
    • names and address of all parties (Assignor/Assignee);
    • reference to Patent whose rights are assigned;
    • signatures of all parties.
  • Authorisation form Π.8 from the new owner.
  • Translation either by an affidavit or by sworn translator of the Republic of Cyprus.

For more details, please refer to the page Assignment of rights or merger of the owner.

When a Supplementary Protection Certificate for Pharmaceutical products (SPCP) is granted?

A Supplementary Protection Certificate for Pharmaceutical products is granted if:

  1. the product is protected in Cyprus by a basic patent;
  2. a valid first authorisation licence has been granted for the pharmaceutical product ;
  3.  a certificate has not been issued for the product.

The Supplementary Protection Certificate for Pharmaceutical products is basically, an extension of the duration of the protection period for patents whose rights concern pharmaceutical products.

For more details, please refer to the page Granting Supplementary Protection Certificate for Medicinal/Plant Protection Products.

When an application for SPPP must be submitted?

The application (form Π.19) must be submitted within 6 months from the date which the first licence authorisation of the product was granted or within 6 months from the grant date of the basic patent in case where the first authorisation precedes the issue of the basic patent.

For more details, please refer to the page Granting Supplementary Protection Certificate for Medicinal/Plant Protection Products.

Who has the right to obtain a SPCP?

The right to obtain the certificate rests with the beneficiary of the basic Patent.

What is the duration of a SPCP?

The certificate is valid after the expiration of the basic patent and for a period equal to the period that intervenes between the submission date of the application for the basic patent and the date of issuance of the first authorisation licence, reduced by five years.

When an application for extension of protection period for paediatric pharmaceutical products must be submitted ?

The application may be filed during the submission of the application for SPCP and two years before the expiry of the SPCP.



What form must be submitted and what are the filing fees?

The application for extension of the duration for paediatric pharmaceutical products is sumbitted by letter and the relevant fees are two hundred fifty euros (€250).

Who is entitled to extend the protection period for paediatric pharmaceutical products?

The beneficiary of the SPCP has the right to extend the protection period for paediatric pharmaceutical products, provided that a compliance declaration has been obtained by an approved and completed paediatric investigation plan.

What is the duration of the extension for the protection of paediatric pharmaceutical products?

The duration of the extension is six months after the expiry of the SPCP.

What is the procedure for filing an international patent on the basis of the Patent Cooperation Treaty (PCT) in Cyprus?

The application PCT/RO/101 (which can be found on the webpage www.wipo.int) may be submitted in three copies to the Department of Registrar of Companies and Intellectual Property.

In order for an International Patent application to be submitted, the following conditions must be met:

  • The applicant is citizen or resident of Cyprus Republic;
  • The application has been completed in the English, French or German language;
  • The specifications are included, that is, the description, claims, summary and any drawings of the invention;
  • The search fee, the international fee and the transfer fee have been paid, as provided for in the respective regulation of the Patent Cooperation Treaty.

For more details, please refer to the page Granting a National Patent.

Can I make any changes to the application I have already submitted?

Following the submittion of an application, changes are permitted until the application is granted. 

Can I claim a priority date based on my previous application in another country?

Yes, as long as the previous submission relates the same patent in one of the Member States of the European Union (or in a Member State of the Treaty of Paris) within a period of 12 months before the submission of the national application to the Republic of Cyprus.

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