Patent law

Cancellation of patent & nominal working

According to patent & trademark law of Iran, a patent cannot be used as proof that an invention is commercially usable or that it is new or genuinely practical nor does it prove that the person who has taken the patent or his representative is the actual inventor or that the description or drawings of the invention are true.  Interested parties may file a petition before the court in any of the mentioned cases to prove that the statements are not true.

Interested parties may apply for cancellation of patent before the court, if:

1. When the invention is not a new one.

2. When the patent has been obtained contrary to the provisions of the law.

3. When the invention is of purely scientific and theoretical nature and has no practical use in industry or agriculture.

4. When no practical use has been made of the invention five years after a patent has been granted.

Nominal working

 A patent will be vulnerable to a cancellation action by any interested third party if it is not actually worked during the period of five years following its date of grant although there are no explicit provisions concerning requirement to effect nominal working, in lieu of actual working, however it is recommended that nominal working be effected on or about the 5^th anniversary of grant to be repeated yearly thereafter, so as to serve as a proof in a possible cancellation action.