News

Tuesday, July 31, 2018

Recently, and after much deliberation, the Iranian Intellectual Property Office issued a decision relating to the calculation of annuities and patent term expiration.

According to the new decision, the following will apply:

  • For new patent applications entered in Iran via PCT on or after May 30, 2018, the annuities due at the time of filing will include the back annuities accumulated in the international stage. The annuity payments following the nationalization of an application will be become due on the anniversary date of the international application.
  • For granted and pending applications as of May 30, 2018, the correct annuity payments should be settled at the next expected date to bring the annuity year to be in line with the international filing date.
    • For granted patents filed via PCT, there is no indication that the Letters Patent will be reissued with the correct expiration date. It is mandatory to correct the annuity year by attending to the necessary payments at the next upcoming annuity date. In most cases, two annuity year payments will have to be settled simultaneously, and the records updated to reflect the next due date to be that of the anniversary of the international filing.
    • For pending applications filed via PCT, it is preferable to correct the annuity year by attending to the necessary payments at the next upcoming annuity date. In most cases, two annuity year payments will have to be settled simultaneously, and the records updated to reflect the next due date to be that of the anniversary of the international filing. The IIPO will allow for the settlement of any missed annuity payment at the time of registration of a patent, without late fees.

Although this update in regulations will cause a certain amount of confusion in the beginning, in the long term, this practice will be in alignment with general procedures relating to worldwide PCT national filings. This will certainly streamline applicants’ databases to ensure adequate and timely settlement of annuities for particular patent families.

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