How does Iceland protect patent?

Iceland is a country that has many advantages to develop fields to register a variety of patents. Iceland has abundant geothermal and hydropower resources, making it ideal for the development of renewable energy technologies. Inventions can focus on improving the efficiency of geothermal systems, developing new energy storage solutions, and exploring innovative applications of renewable energy in other sectors such as transportation and industry. Iceland has a strong tradition of scientific research and biotechnology, especially in areas such as genomics, proteomics, and marine biology. Inventions may be related to the development of new drugs, therapeutics, diagnostics, and research tools in these areas. Iceland has an advanced digital infrastructure and a highly qualified workforce in the field of information technology. Inventions may focus on software development, mobile applications, cybersecurity, artificial intelligence, and other digital solutions. Iceland has a developed seafood industry and expertise in the food processing sector. Inventions can focus on improving food preservation and processing methods, developing new food products from marine resources, and improving food quality and safety. With the support of the government, research institutions, and the private sector, Iceland can take advantage of opportunities to become a hub for innovation and innovation. Viet An Law would like to guide customers through the preliminary procedures for patent registration in Iceland through the article below.

Legal Basis

• Patent Law No. 17/1991 (amended and supplemented to Law No. 126/2011

Definition and conditions for patent registration in Iceland

• Newness (Novelty): The invention is not publicly available anywhere in the world prior to the date of filing the patent application.
• Invention (Innovation Step): The invention must not be obvious to a person with expertise in the relevant technical field. It must include a creative step that is not simply deducing or combining existing knowledge.
• Industrial Application: The invention must be able to be created or used in any industry.

Types of patents that can be registered in Iceland

• Supplemental Protection Certificates (SPCs): Although not a separate type of patent, SPCs extend the term of patent protection for pharmaceutical and plant protection products to compensate for the time required to obtain regulatory licenses.
• Industrial Designs: Although not considered patents, industrial designs protect the appearance of products and are separately registered under the Design Law.
• Utility models: Iceland does not have a specific system for utility models, sometimes referred to as “small patents” or “innovation patents” and provides shorter protection for minor improvements. However, some minor inventions may still be eligible for patent protection if they meet the standard patenting criteria.

Patent registration dossier in Iceland

• Patent Application: This form includes information such as the name of the invention, the name and address of the inventor(s) and the applicant(s), and the filing date.
• Description: This is a detailed description of the applicant’s invention, including the context, the technical field, the problems it solves, and how it works. The applicant must provide sufficient detail so that a person with expertise in the field can understand and reconstruct the invention. The information typically includes the following sections:
  • Name of the invention
  • Technical Field
  • Background art
  • Patent Summary
  • Brief description of the drawings (if applicable)
  • Detailed description of the invention
  • Industrial applicability
• Protection Claims: This is a numbered list of claims to determine the scope of protection for one’s invention. Claims for protection are the most important part of a patent application, as they define the scope of the applicant’s exclusive rights.
• Drawings (if any): If the applicant’s invention can be illustrated, drawings should be provided to help clarify the description.
• Summary: A brief summary of the invention, usually about 150 words or less.
• Priority documents (if any): If the applicant has applied for a patent for the same invention in another country within the last 12 months, the applicant can claim priority.
• Power of attorney (if any): If the applicant files through the patent representative, it is necessary to provide them with a power of attorney on behalf of the applicant.
• Other documents (if applicable): Depending on the applicant’s case, the applicant may need to file other documents, such as a transfer agreement if the applicant is not the inventor, or a copyright statement.

Patent Registration Fees in Iceland

Application Fee

• Base Fee: 76,000 ISK
• Additional fee per request over ten: 4,900 ISK per request
• Fees under Articles 36 and 37 of the Patent Law (e.g. for international applications): 64,900 ISK

Degree Fees

• Base fee for printing (first 40 pages): 32,400 ISK
• Additional fee per page over 40: ISK 1,500 per page
• Additional fee per request added after application: ISK 4,900 per request

Annual fee

An annual fee is paid for both pending applications and patents that have been granted. The fees increase over time, starting at ISK 11,900 for the first three years and gradually increasing to ISK 61,100 for the 20th year.

Patent registration in Iceland through the PCT system

What is the PCT System?

The PCT system stands for Patent Cooperation Treaty – an international treaty that aims to create a uniform process for filing international patent applications. The system is administered by the World Intellectual Property Organization (WIPO) and has more than 150 countries participating, including Iceland.

Benefits of the PCT system:

• Save time and money: The PCT system allows the applicant to file a single patent application for patent protection in multiple countries participating in the Treaty, rather than having to file a separate application in each country. This saves time, costs and administrative procedures.
• Postponement of the national filing deadline: When filing a PCT application, the applicant has an additional 30 months to decide which country the applicant wants to protect the invention. This is a valuable time for the applicant to evaluate the commercial potential of the patent and prepare for the filing of the national application.
• Simple Process: The PCT System uses a common set of rules and procedures for all participating countries, which simplifies the filing process and saves time for both the applicant and the national patent office.
• Early Search Information: The International Search Report and Written Opinion of the International Patent Search Agency will provide the applicant with information about the novelty and patentability of the patent, helping the applicant to make an informed decision about filing a national application.
• Enhanced international cooperation: The PCT system encourages international cooperation in the field of patents by creating a common platform for the exchange of information and the sharing of experiences between countries.
• Support innovation: The PCT system helps promote innovation by reducing the procedural burden on inventors and making it easier for them to protect their patents worldwide.

Patent registration dossier through the PCT system

To file an invention registration through the PCT system, you need to prepare a set of documents including the following documents:

• PCT Application: The application can be filed in Vietnamese or English, however, it is recommended that it be filed in English to facilitate the processing. You can download the PCT application form from the WIPO website: https://www.wipo.int/pct/en/forms/
• Description of the invention: The description of the invention should present the invention in detail and clearly, including:
  • Patent Name Technical Field
  • Patent Summary
  • Detailed explanation of the invention
  • Drawings (if any)
  • Request for protection
• Claim for protection: The claim for protection should clearly define the scope of protection that the applicant wants to give the invention.
• Patent Claims: Patent claims need to clearly identify the inventor (or inventors).
• Letter of Authorization (if applicable): If the applicant uses an intellectual property representative to file the application, the applicant needs to provide a Letter of Authorization that authorizes the representative to represent the applicant during the filing process and process the procedure.

Additional documents (may be required):

• Priority documents (if any): If the applicant filed an application for the same patent in another country before filing the PCT application, the applicant may claim priority based on the date of filing that application.
• Translation (if applicable): If any of the documents on file are not in English or French, the applicant needs to provide a translation into either of these languages.
• Application fee: The applicant needs to pay the PCT filing fee to the International Receiving Office (IB).

If you want to file a patent application, please contact Viet An Law, hotline (+84) 9 61 67 55 66 (WhatsApp, Viber, Zalo, Wechat) for the most effective support.

Update: 9/2024