Articles in this chapter
Chapter 1 · Inventions (Patents)

Article 26

Where the formal conditions are present and the invention has unity, the Registration Authority shall examine the substantive conditions of the application and its annexes, and compliance with Article (18) of this Act, within one year from the filing date, and shall notify the applicant of the result of that examination. The applicant may, within one month from the date of notification, submit his reasons regarding the expert report to the Registration Authority, or may within the same period make changes to the claim or claims within the framework of the evaluator's statements or objections, provided that as a result of these changes the amended claim or claims do not go beyond the limits of the description in the initial application. The Registration Authority shall notify the applicant, within one month, of its final opinion on acceptance or non-acceptance of the application, drawn up by the relevant experts taking into account the applicant's reasons and response and the reasons of interested parties (if presented). Where the application for registration is refused, the applicant may object to that decision subject to the provisions of Article (23) of this Act.

Note 1 — Where necessary, as determined by the Registration Authority, the one-year period stated in this Article may be extended by at most a further six months.

Note 2 — Where the Registration Authority does not determine the outcome of the substantive examination within the period stated in this Article, the matter may, at the applicant's request, be examined by the Board referred to in Article (23) of this Act.

Note 3 — Where an extension of the period for correction of deficiencies is requested, the Registration Authority shall, after examining the circumstances, take the appropriate decision in this regard. A request for extension of the period is possible only once and for a maximum of thirty days.

Frequently asked

Article 26 · in plain terms

How long does substantive patent examination take in Iran?

The Registration Authority examines the substantive conditions within one year of the filing date — extendable by up to a further six months — and the applicant then has one month to respond to the examiner's report.