Patent registration in Iceland. Iceland is a Nordic island country in the North Atlantic Ocean and the most sparsely populated country in Europe. Iceland has a market economy with relatively low taxes, compared to other OECD countries, as well as the highest trade union membership in the world. It maintains a Nordic social welfare system that provides universal health care and tertiary education for its citizens. Iceland ranks high in economic, democratic, and social stability, as well as equality, ranking third in the world by median wealth per adult. In 2020, it was ranked as the fourth-most developed country in the world by the United Nations’ Human Development Index, and it ranks first on the Global Peace Index. Iceland runs almost completely on renewable energy. 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 Iceland.
Patent in Iceland
A patent in Iceland is a legal document that gives the patentee exclusive rights over the invention for a set period of time within a limited area.
Iceland adheres to key international agreements on property rights (e.g., the Paris Union Convention for the Protection of Industrial Property). Trademarks, copyrights, patents, trade secrets, and industrial designs are all protected under Icelandic law.
An invention in Iceland qualifies for a patent if it is new, involves an inventive step, and is industrially applicable.
On the other hand, according to the law of Iceland, the unpatentable subjects are:
a. Discoveries as well as laws of nature and mathematical methods;
b. Aesthetic designs;
c. Systems, rules, and methods for the performance of mental labor, games or management as well as computer programs;
d. Presentation of data and abstract ideas.
Necessary documents for patent registration in Iceland
The necessary documents for patent registration in Iceland 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 of patent registration in Iceland
To obtain a patent in Iceland, the applicant needs to file their patent application to the Icelandic Intellectual Property Office (ISIPO).
In addition to the traditional registration method, the applicant can also register for a patent through the EPO with a simplified process to obtain protection in a wide range of European countries, including Iceland.
The application process includes a formality examination and a substantive examination.
The formality examination lasts for 2 months under normal circumstances.
The substantive examination, on the other hand, might last for years.
If there are no errors in both examinations, the patent will be granted to the applicant.
To maintain the validity of the patent, the patentee will need to pay maintenance fees yearly.
Once a patent is obtained, that invention can not be used, manufactured, duplicated, or sold without the patentee’s authorization.
If there are indeed infringement actions, patent rights can be enforced in court against them.
You can see a list of Iceland IP firms here.