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Chapter 1 · Inventions (Patents)

Article 38

The economic rights arising from a registered invention and the exploitation thereof do not include the following:

  1. 1.Resale of products that are placed on the market by the owner of the invention or with his agreement.
  2. 2.Importation of products that have been placed on the market by the owner or with his agreement.Note — The provisions of Clauses 1 and 2 of this Article also include the resale of products containing a propagable genetic resource that have been placed on the market by the owner of the invention or with his agreement, provided that the genetic material obtained is not used successively for propagation or re-growing.
  3. 3.Use of the devices subject to the invention in aircraft, land vehicles, or vessels of other countries that temporarily or accidentally enter the airspace, land borders, or waters of the country.
  4. 4.Exploitation of the invention carried out for the purpose of use in scientific or experimental research, or for educational and research purposes.
  5. 5.Exploitation by any person who, in a non-fraudulent manner, before the application for registration of the invention or, where priority has been claimed, before the date of the priority claim of the same invention, was using the invention or had taken serious and effective measures to prepare for its use in Iran, provided that such person proves that he did not obtain knowledge of the invention through disclosure of information during the inventor's grace period in which the application was filed, or as a result of breach of his obligations toward the owner of the invention or his representative. The rights of the prior user are transferable or assignable only together with the company or business, or together with the part in which the invention was being used or preparations for its use had been made.
  6. 6.Personal use of the invention without commercial purposes
  7. 7.Preparatory action for commercial use of a pharmaceutical invention
  8. 8.Compounding of single-prescription combination medicines
  9. 9.Change in the method of use of a registered medicine without change in its nature

Frequently asked

Article 38 · in plain terms

What are the exceptions to patent rights in Iran?

A patent does not prevent: resale or import of goods already placed on the market by the owner or with consent (exhaustion); use on foreign transport vehicles passing through; scientific, experimental, educational or research use; prior good-faith use; personal non-commercial use; preparatory acts for a pharmaceutical; magistral (single-prescription) compounding; and changing a registered medicine's mode of use without changing its nature.