Iran rewrote its patent law in 2024. The Industrial Property Act, adopted on 22 May 2024, replaced the 2007/2008 Act on the Registration of Patents, Industrial Designs and Trademarks, and it now governs every invention filed in the country. This guide sets out what the Act protects, how you obtain and keep a patent in Iran, and how a patent can be lost or challenged. Each point links to the full text of the relevant article.
In short: a patent in Iran protects a new, industrially applicable invention for twenty years from the filing date. Iran is a first-to-file country, and renewal fees keep the patent alive.
- What qualifies — a product or process that is new, involves an inventive step, and is industrially applicable (Articles 1 and 12).
- Who owns it — the inventor or the person who commissioned the invention; the earlier filer wins (Articles 5 and 8).
- Term — twenty years from filing, with annual renewal fees and no extension (Articles 34 and 65).
- How it ends — expiry, abandonment, non-payment, or court invalidation; compulsory licences apply on four grounds (Articles 62, 67, and 39).
What can — and cannot — be patented
Under Article 1, an invention is a product or a process that provides a new, practical solution to a specific technical problem in a field of industry. Both products and processes qualify.
The Act also draws clear boundaries. Article 4 excludes the following from patent protection:
- discoveries, scientific theories, and mathematical methods;
- a new use of a known product;
- schemes and methods for mental acts, business, or games;
- methods for diagnosis, surgery, and treatment;
- naturally occurring biological material;
- any invention whose exploitation is contrary to sharia or public order, or that harms life, health, or the environment.
To be registrable, an invention must also meet the three conditions in Article 12: novelty, inventive step, and industrial applicability. The Act does allow a six-month grace period, so disclosure by the inventor within six months before filing does not destroy novelty.
Who can apply, and who owns the result
The right to apply belongs to the inventor or the person who commissioned the invention (Article 5). Iran is also a first-to-file country. Where two people independently make the same invention, the earlier filer prevails (Article 8).
Ownership of workplace inventions is a frequent question. Under Article 9, the economic rights to an invention made in the course of employment belong to the employer, unless the parties agree otherwise. However, where the invention falls outside the employee’s contracted work, the rights stay with the employee. Applicants relying on an earlier foreign filing also have a twelve-month priority window under the Paris Convention (Article 10).
From filing to grant
After filing, the patent moves through four main stages:
- Examination — the Registration Authority carries out substantive examination within one year, extendable by six months (Article 26).
- Publication — the Authority publishes the application eighteen months after filing (Article 27).
- Opposition — third parties may oppose within nine months of the final text being published (Article 29).
- Appeal — a rejected application can go to the Board for the Settlement of Industrial Property Registration Disputes, and from there to court (Article 23).
Your rights, and their term
A granted patent gives the holder exclusive control over the invention. For a product, that covers manufacture, importation, offering for sale, sale, use, and stocking (Article 36). These rights are not unlimited, though. Article 38 carves out several exceptions:
- exhaustion of rights in goods already marketed;
- research and educational use;
- prior good-faith use;
- personal, non-commercial use;
- several pharmaceutical exceptions.
A patent lasts twenty years from the filing date (Article 34). The term runs from filing, not grant, and it cannot be extended. To keep the patent alive, renewal fees begin after the second year and run annually, with a six-month grace period on penalty (Article 65).
How a patent is lost or challenged
Exclusive rights lapse on expiry, abandonment, non-payment, or invalidation (Article 62). Under Article 67, a court can invalidate a patent that:
- covered excluded subject matter;
- lacked the substantive conditions;
- was granted to the wrong person;
- was not worked in Iran within the statutory period.
Separately, the Act allows compulsory licences on four grounds: national interest, anti-competitive conduct, failure to work the invention, and dependent later inventions (Article 39).
If someone infringes the patent, the holder can claim full damages, including lost profits (Article 72), and seek seizure and injunctions, including at customs (Article 73). For the full picture, see our separate guide on enforcing IP rights in Iran.
Frequently asked questions
What can be patented in Iran?
Under Articles 1 and 12 of the 2024 Industrial Property Act, a patent covers a product or process that is new, involves an inventive step, and is industrially applicable. Both products and processes qualify.
What cannot be patented in Iran?
Article 4 excludes discoveries, scientific theories and mathematical methods, a new use of a known product, business and mental methods, methods of diagnosis and treatment, naturally occurring biological material, and inventions contrary to sharia, public order, or the environment.
How long does a patent last in Iran?
Under Article 34, a patent lasts twenty years from the filing date. The term runs from filing rather than grant and cannot be extended. Annual renewal fees, which begin after the second year, keep it in force (Article 65).
Is Iran a first-to-file country for patents?
Yes. Under Article 8, where two people independently make the same invention, the earlier filer prevails. Applicants can also claim a twelve-month priority from an earlier foreign filing under the Paris Convention (Article 10).
How can a patent be challenged or invalidated in Iran?
Under Article 67, a court can invalidate a patent that covered excluded subject matter, lacked novelty or inventive step, was granted to the wrong person, or was not worked in Iran within the statutory period. The Act also allows compulsory licences on four grounds under Article 39.
This is general information on the Industrial Property Act, not legal advice. For a specific matter, speak with HENGAM’s patent and litigation team.
Sadegh Shamshiri
Sadegh leads on legal strategy and represents high-profile clients in IP litigation and enforcement — across trademarks, patents, designs, copyright, and domain names, including complex multi-jurisdictional disputes.