Patents |
|
Cyprus |
|
(Europe) Firm Chrysostomides Advocates & Legal Consultants Updated 22 Mar 2021 | |
Which patent-related international treaty is your country is a member of? | Cyprus belongs to the following patent-related international treaties:
|
What kinds of protection is available for inventions? | Inventions protections available in Cyprus include:
|
What kinds of subject matter (as such) are excluded from patent protection? | The following subject matter is excluded from patent protection in Cyprus:
|
What are the documents and information required for filing a national patent application? | Documents and information required for filing a national patent application in Cyprus include:
|
Is it possible to request early publication or a deferment of publication? | No, it is not possible to request early publication or deferment of publication in Cyprus. |
Does the applicant have a provisional right upon the publication of an application? | Yes, the applicant has a provisional right upon publication of an application in Cyprus. Article 28 of the Cyprus Patent Law, provides that an application for a patent, which is published, provides the applicant from the date of publication with the same provisional rights as the subject matter of the application. |
When is it possible to file a voluntary amendment to specification? | It is possible to file voluntary amendments in Cyprus at the following times:
|
Is it required to file a request for substantive examination? | No, it is not required to file a request for substantive examination in Cyprus |
Is there a third-party opposition procedure upon publication or after grant? | No, there is no third-party opposition procedure upon publication or after grant in Cyprus. |
What is the time period from application to grant for a straightforward application (no office actions or oppositions)? | The time period from application to grant in Cypress is between 2-3 years. |
Is there any process for accelerated examination of application? | No, there is no process for accelerated examination of an application in Cyprus. |
To maintain the validity of patent, is it required to pay an annuity in your country? | Yes, it is required to pay an annuity to maintain the validity of a patent in Cyprus. |
Is late payment of annuity permissible? | Yes, late payment of an annuity is permissible in Cyprus. However, there is a six-month grace period for the late payment of annuity fees. If an annuity is not paid within this six-month grace period, the patent will be removed from the Register (though it can be reinstated with an application to restore it on the Register, provided it is filed within 18 months from the date the last annuity was due. In case of late payment within the grace period, a surcharge of 25% per month is applicable to the official fee. |
What are the available enforcement methods in your country? | Available enforcement methods in Cyprus include:
|
Are there any peculiarities in the system of protection for a patent in your country, of which it is important for clients to be aware? | There is no substantive examination by the Cyprus Patent office of national patents. There is only a requirement to obtain and file with the local patent office a search report from one of a list of designated international search authorities. |
Patents
Cyprus belongs to the following patent-related international treaties:
- Paris Convention
- Patent Cooperation Treaty ("PCT")
- TRIPS
- European Patent Convention ("EPC")
Inventions protections available in Cyprus include:
- Inventions
- Other: Supplementary protection certificates are also available.
The following subject matter is excluded from patent protection in Cyprus:
- Methods of medical treatment or diagnosis
- Computer programs
- Business methods
- Other: (1) Processes for cloning human beings; (2) processes for modifying the germ line genetic identity of human beings; (3) uses of human embryos for industrial or commercial purposes; and (4) processes for modifying the genetic identity of animals, which are likely to cause them suffering without any substantial medical benefit to man or animal, and also animals resulting from such processes.
Documents and information required for filing a national patent application in Cyprus include:
- Name and address of the applicant(s)
- Name and address of the inventor(s)
- Specification (description, claims and drawings)
- Abstract
- Power of Attorney
- Other: (1) Priority documents – certified copies of other applications. (2) The patent documents shall need to be translated into Greek, but this translation can be prepared and filed subsequently, within four (3) months from the date of filing the application.
No, it is not possible to request early publication or deferment of publication in Cyprus.
Yes, the applicant has a provisional right upon publication of an application in Cyprus. Article 28 of the Cyprus Patent Law, provides that an application for a patent, which is published, provides the applicant from the date of publication with the same provisional rights as the subject matter of the application.
It is possible to file voluntary amendments in Cyprus at the following times:
- Other: Article 19 of the Cyprus Patent Law the applicant may modify the application, provided that the modification does not exceed the scope of the subject matter of the invention, as shown in the description of the original application.
No, it is not required to file a request for substantive examination in Cyprus
No, there is no third-party opposition procedure upon publication or after grant in Cyprus.
The time period from application to grant in Cypress is between 2-3 years.
No, there is no process for accelerated examination of an application in Cyprus.
Yes, it is required to pay an annuity to maintain the validity of a patent in Cyprus.
Yes, late payment of an annuity is permissible in Cyprus. However, there is a six-month grace period for the late payment of annuity fees. If an annuity is not paid within this six-month grace period, the patent will be removed from the Register (though it can be reinstated with an application to restore it on the Register, provided it is filed within 18 months from the date the last annuity was due. In case of late payment within the grace period, a surcharge of 25% per month is applicable to the official fee.
Available enforcement methods in Cyprus include:
- Civil enforcement
- Border measures
There is no substantive examination by the Cyprus Patent office of national patents. There is only a requirement to obtain and file with the local patent office a search report from one of a list of designated international search authorities.