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Chapter 1 · Inventions (Patents)

Article 67

The court shall invalidate the patent certificate in the following cases:

  1. 1.The certificate has been issued for one of the cases stated in Article (4) of this Act.
  2. 2.It is established that the substantive conditions of the invention did not exist at the time of filing of the application.
  3. 3.Effective disclosure in accordance with Article (17) of this Act has not been made.
  4. 4.The patent certificate has been granted to a person who was not entitled to the grant of the patent certificate.
  5. 5.Four years from the date of filing of the patent application, or three years from the date of registration of the invention — whichever is longer — have elapsed, and the holder of the certificate has, without justified excuse, taken no effective measure to make or use it in Iran.
  6. 6.The scope of protection has been extended through an unjustified alteration of the patent certificate.

Note 1 — In respect of genetic and biological resources and components registrable within the framework of this Act, in addition to the cases mentioned, the provision of untrue information regarding the geographical origin, the place of storage, or the manner of access to the genetic resource used, as well as non-compliance with the laws and regulations relating to the manner of access to genetic resources, are grounds for invalidation of the patent certificate.

Note 2 — Any person may request the competent judicial authority to invalidate the patent certificate, or to invalidate one claim or part of the relevant claims. In the event of invalidation, its effect runs from the date of filing of the application, except for invalidation on the ground of Clause 5 of this Article, in which case the effect of invalidation runs from the date of the final judgment.

Note 3 — In respect of Clause 6, the court shall order the invalidation only of that part of the certificate which results from the unjustified alteration. In that case, the effect of invalidation runs from the date of the alteration.

Frequently asked

Article 67 · in plain terms

On what grounds can a patent be invalidated in Iran?

A court may invalidate a patent that covers excluded subject matter, lacked the substantive conditions at filing, was not properly disclosed, was granted to a person not entitled to it, was not worked in Iran within the statutory period, or whose scope was extended by an unjustified amendment. Any person may request invalidation.