Must be new, inventive and capable of industrial application
- Novelty: The invention must be new, not only in Iceland but world-wide. The invention may not have been publicised in speech or in writing before an application for a patent is filed.
- Inventive: The invention must differ essentially from prior art, i.e. the solution to the problem it resolves may not be obvious to a person skilled in the art.
- Capable of industrial application: The invention must be of practical economic use, i.e. it must be possible to manufacture and sell it.
When granted, a patent will give you exclusive commercial rights to your invention.
Before applying for a patent, it is advisable to carry out a patent search. In the patent search engine, you find all patents that are valid in Iceland.
Several databases containing information on patents that have been granted internationally may be found on the Internet, e.g. Espacenet, the database of the European Patent Office (EPO), and Patent Scope, the database of the World Intellectual Patent Organisation (WIPO). The EPO's databank, European Patent Register, allows examination of the processing of individual cases at the EPO.
Furthermore, assistance may be sought from patent authorities and patent agencies that specialise in examining the novelty of inventions by searching databases.
Collaborative Search is a service in cooperation with the Nordic Patent Institute (NPI). The search is tailored to give the inventor a better idea of the novelty of his invention. See more here.
An applicant who is not domiciled in Iceland must have an agent residing in the European Economic Area, in a member state of the European Free Trade Association treaty, or in the Faeroe Islands who can represent the applicant in all matters concerning the application. The ISIPO advises all applicants to seek legal advice.
IP consultants in Iceland
Patents granted by the Icelandic Intellectual Property Office protect inventions for up to 20 years in Iceland. The exclusive rights established in patent legislation (see Patents Act No 17/1991, as amended) entitle the proprietor to prohibit others from manufacturing, importing and selling an invention protected by a patent. The registration will be ceased unless the fee is paid. An examination of a patent can take up to five months. The applicant generally has three months to respond to any possible issues raised from an examination report.