Patent registration in Cyprus. Cyprus, officially the Republic of Cyprus, is an island country in the eastern Mediterranean Sea south of the Anatolian Peninsula. Cyprus is a major tourist destination in the Mediterranean. With an advanced, high-income economy and a very high Human Development Index, the Republic of Cyprus has been a member of the Commonwealth since 1961 and was a founding member of the Non-Aligned Movement until it joined the European Union on 1 May 2004. On 1 January 2008, the Republic of Cyprus joined the eurozone. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of patent registration in Cyprus.
Patent in Cyprus
In Cyprus, an invention must meet the following conditions in order for it to be registered:
- Novel;
- Inventive step;
- Industrial capabilities.
Necessary documents for patent registration in Cyprus
The necessary documents for patent registration in Cyprus include:
- The request to grant a patent (patent application);
- Detailed information on the applicant(s) including the applicant’s and inventor’s names, addresses, citizenships, etc.;
- A description of the invention;
- A signed and stamped power of attorney by the applicant(s);
- A copy of the amendments (if any);
- Priority documents (if any).
- Other required documents.
The procedure for patent registration in Cyprus
To obtain a patent in Cyprus, the applicant needs to file their patent application to the IP Office of Cyprus.
The patent application needs to be well-prepared with all the necessary documents such as legal claims regarding the specific invention, drawings, etc.
The patent application will then undergo a preliminary examination conducted by the Registrar. This is to check if the application complies with the regulations of the law.
If the documents are examined and deemed to be valid, the Registrar will send an official notification to the applicant stating that they must submit an investigation report by a recognized International Patent Examination Office within 16 months from the filing date.
The purpose of this report is to ascertain that a patent has not already been registered for the invention by another person.
If all the required documents have been submitted and the invention is deemed patentable by the IP Office, the applicant will be granted a Patent Certificate and shall proceed to file the necessary application in the Cyprus Gazette.
Validity terms
In Cyprus, a patent will be protected for 20 years.
In the case of pharmaceutical or plant protection products, the period of protection may be extended to an additional 5 years making it 25 years.
In the case of pediatric pharmaceutical products, the protection period can reach 25 years and 6 months.
In Cyprus, a patent should be paid the maintenance fees every year after the 2nd year for up to 20 years of protection.
Infringement action against a patent
Owning a patent means that the applicant will have the necessary rights needed to prevent any infringement actions made by third parties.
If parties produce patent-protected products without the consent of the patent owner, the patentee will have the right to bring the case to the Cypriot courts.
Cypriot courts have jurisdiction to determine the outcome of any dispute relating to any patent infringements. Once a court has determined that the defendant is guilty of an infringement, the patent owner is entitled to damages compensation, usually accompanied by an order preventing the defendant from any further infringement.
Patent Cooperation Treaty
As Cyprus is a member of the Patent Cooperation Treaty (PCT), the applicant can have another choice to apply for patent protection in Cyprus.
If filing through PCT, the patent will be enforceable against all signatories of the Treaty. The entire process to register a patent through PCT takes about two and a half years.
You can see a list of Cyprus IP firms here.