Iran started the protection of patents by enacting the Trademarks and Patents Registration Act (1931), which subsequently replaced by the Patent, Design and Trademark Registration Act (2007). Iran is a member of the Paris Convention and joined the Patent Cooperation Treaty (PCT) in 2013.
PCT- Patent Cooperation Treaty
International protection of patents has become possible with the Patent Cooperation Treaty. Applicants can simultaneously reserve protection for an invention in many contracting states by filing an international patent application under the PCT. Besides, Patent Offices can make decisions based on international examinations and search reports.
To enter the national phase, the applicant must file a local application in Iran within 30 months of the priority date or international filing date (in the absence of priority date). It is relevant to note that only a local lawyer is allowed to manage this process.
According to Iranian law, the international applications filed through a national application must successfully pass the formal and subsequently substantial examination, i.e., checking novelty, inventive step, and industrial applicability. There are several certified authorities in charge of the substantial examination of applications. Although written opinions and search reports are taken into account by these authorities, they perform their objective assessments.
If these authorities issue the acceptance letter, the Patent Office will issue a patent. The whole process might take up to 12 months.
If the authority issues a refusal letter, the applicant has the right to oppose the refusal before the Patent Office’s Appeal Board. All decisions of the Patent Office can be challenged before the Court of First Instance.