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Article · Chapter 1 · Rights Arising from the Invention and Their Term

Exceptions to the economic rights

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

  1. 1.Resale of products placed on the market by the owner of the invention or with their consent;
  2. 2.Importation of products placed on the market by the owner or with their consent.Note — Paragraphs 1 and 2 of this Article also extend to the resale of products that contain a reproducible genetic resource and that have been placed on the market by the owner of the invention or with their consent, provided that the genetic material obtained is not used successively for reproduction or re-propagation.
  3. 3.Use of the devices covered by the invention in the 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 scientific or experimental research or for educational and research purposes;
  5. 5.Exploitation by any person who, non-fraudulently, before the patent application or — where priority is claimed — before the priority date of the same invention, was using the invention or had made serious and effective preparations to use it in Iran, provided that such person proves that they did not acquire the 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 breaching their obligations toward the owner of the invention or their representative. The rights of the prior user are transferable or assignable only together with the enterprise or business, or together with the part thereof, in which the invention was used or the preparations for its use were made;
  6. 6.Personal use of the invention for non-commercial purposes;
  7. 7.A preparatory act for the commercial use of a pharmaceutical invention;
  8. 8.The compounding of single-prescription medicines (magistral preparations);
  9. 9.Changing the manner of use of a registered medicine without changing its nature.