Chambersfield Economides Kranos has an extensive experience and provides a wide range of services in all types of Intellectual Property (IP) rights. Our Law Firm can provide you, inter alia, with professional legal assistance and support with every aspect and/or issue concerning patent rights.

In nowadays marketplace, patent protection ensures and safeguards your invention, whether it is a product, or, a process, giving you a competitive edge. Companies that embrace modern innovation and invest in research and development shall, undoubtedly, be IP-aware. Effective patent protection stimulates research and is a vital necessity for raising venture capital. At the same time, patents provide licencing opportunities, while increasing overall corporate value.

What is a Patent Right?

Pursuant to the relevant legislative and/or regulatory framework, a patent gives you exclusive rights over your invention for a certain period of time. Therefore, by registering a patent, you safeguard any rights that may derive from and/or related to your invention, prohibiting, simultaneously, any third parties, from making, using offering for sale, selling and/or importing a product and/or process, based on your patented invention, without obtaining a prior license and/or your permission. In other words, a patent safeguards your invention from being exploited for commercial purposes.

It is the task of your appointed Law Firm, following discussions, to prepare the relevant documentation and/or applications required, for the registration of a patent.

According to European Patent Convention (EPC), patents are granted only for inventions that are new, involve an inventive step and are industrially applicable.

Is there an option to renew a Patent after it expires?

There is no option to renew a patent after it expires. Patent protection is generally granted for a period of 20 years from the date of filling of the patent application.

Different levels of patent rights protections exist. You may apply for registration of a patent at national, European, or, international level, depending on your invention and the markets you operate in.

Registration of a Patent at National Level:

In order to register a patent in accordance with Cypriot legislative and/or regulatory framework, a relevant application has to be filed, by your appointed Law Firm representative, at the Department of the Companies Registrar and Official Receiver.

Registering a patent at national level will provide protection for your patent only within the territory of the country within which it is registered.

Registration of a European Patent:

If you need a European wide protection of your patent, then you may qualify to apply for registration with the European Patent Office (EPO). The European patent application is an excellent option if you are seeking wide coverage of protection, via a single harmonised procedure.

Procedure:

Upon filing an application with the European Patent Office (EPO), a filing examination shall be conducted for the purposes of confirming and/or verifying that all the necessary information and documentation has been provided, so that the application can be accorded a filing date.

  • Subsequently, a formalities examination applies, including, but not limited to, the form and content of the request for grant, drawings and abstract, the designation of the inventor, the appointment of a professional representative, the required translations and the fees due.
  • Upon completion of the formalities examination, a European search report is drafted, which is communicated to the applicant together with a copy of any cited documents and an preliminary view as to whether the claimed invention and the application meet the necessary prerequisites.
  • The application is published 18 months after the date of filing, or, the priority date. Hence, within additional 6 month from the date of publication, the applicant may pursue their application by requesting substantive examination.
  • Upon substantive examination, the European Patent Office assesses whether the European patent application and the invention comply with and/or satisfy the necessities and/or prerequisites of the European Patent Convention considering whether a patent can be granted.
  • Provided that all the requirements are satisfied, a patent can be granted, and, a mention of the grant is published in the European Patent Bulletin, which is effective from the date of publication.
  • As soon as the grant is published, the patent has to be validated in each of the designated states within a specific time limit to preserve its protective effect and be enforceable against infringers.
  • Once the European patent is granted, third parties retain the right to file an opposition.

Registration of an International Patent:

If you seek for international protection, then you may qualify to apply for international patent registration with a national or regional patent Office or WIPO, complying with the Patent Cooperation Treaty (PCT) formality requirements. Patent Cooperation Treaty (PCT) is an international treaty with more than 150 contracting states. Noted shall be that, primarily, national patent registration shall be obtained.

Patent Cooperation Treaty (PCT) route:

  • Upon filing of the international patent application, an international search is conducted by an International Searching Authority (ISA), for the purposes of providing a written opinion on your invention’s potential patentability.
  • Within 18 months from the date of filing of the application and provided that all the relevant prerequisites are successfully met, the international application is published, in order for its content to be disclosed to the wider public.
  • A second international search may be carried out, upon your request, for the purposes of identifying any published patent documents and technical literature which may be related to the patentability of your invention, and, which may have not been disclosed by the first international search that was conducted.
  • On a possible, amended, version of your application, one of the ISAs at your request, carries out an additional patentability analysis.
  • Upon the conclusion of the PCT procedure, you begin pursuing the grant of your patents before the national (or regional) patent Offices of the countries in which you want to obtain them.

Paris Convention Route:

When seeking international protection, you may also qualify to apply for patent protection in a Paris Convention country (one of the Member States of the Paris Convention for the Protection of Industrial Property), and, subsequently, within 12 months, you file, provided that you are qualified to, separate patent applications in other Paris Convention countries, having the benefit of claiming the filing date of the first application.

Our Law Firm consists of expert and experienced professionals, who can advise you and assist you with all patent right aspects, including, but not limited to, the registration of national patents, European patents and international patents, as well as consultation and representation in relevant litigation proceedings.

For any further information and/or clarifications you may require, please contact our Law Firm, Chambersfield Economides Kranos.

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