Regulation on Patents No. 477/2012 has from 31 January 2022 been revised with Regulation No. 224/2022 (for now, only available in Icelandic). The changes were published on 25 February 2022.

The revision is primarily related to the introduction of an SPC waiver, cf. Act No. 1460/2021 amending the Patent Act No. 17/1991 (PA). According to Article 65. a. PA, it is now possible, in line with Article 5 of Regulation EU 2019/933, to make or perform any necessary act for the making of a product for export to third countries or for storing the production in Iceland in order to place it on the market after the expiry of a corresponding SPC protection.

The regulation outlines the requirements makers must comply with in order to be exempted from the relevant SPC protection, such as notifying the SPC holder and the ISIPO of the production in question, providing the name of the producer and place of production. Notification to the ISIPO shall be accompanied with the prescribed fee and information on the production will be published in the IP Gazette when formal requirements have been met.

The ISIPO is currently working on the standard form to be used for this purpose and guidelines.

Margrét Hjálmarsdóttir

Margrét Hjálmarsdóttir

Head of Legal Affairs