GREECE

• INTERNATIONAL TREATIES TO WHICH GREECE IS SIGNATORY

  • International Treaties to which Greece is signatory

    • Paris Convention for the protection of industrial property
    • Patent Co-operation Treaty “ PCT.
    • Agreement on Trade Related Aspects of Intellectual Property Rights TRIPS.
    • European Patent Commission.
• PATENT LEGISLATION IN GREECE

  • IP LAW IN GREECE The IP office of Greece is known as Hellenic Industrial Property Office.

    • Greece follows the Civil Law system
    • Patents in Greece are governed by: Patent Law 1733 / 87

    Patents in Greece may be granted by:

    • Greece Industrial Property Organisation “OBI”
    • European Patent office at Munich
• BASICS REGARDING PATENTABILITY OF INVENTIONS IN GREECE

  • Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:

    • Are New or Novel
    • Involve an inventive step
    • Comprise of a process or an Industrial application of the invention.

    For an Invention to be patentable, it should contain the following:

    (i). Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of the patent application.

    (ii). Inventive Step: An invention is said to contain an inventive step if for a man skilled in the art it does not yield results in an obvious way from the state of the art.

    (iii). Industrial Application: of the invention would be “when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture”.

• INVENTIONS NOT PATENTABLE IN GREECE

  • Inventions pertaining to the following:

    • Discoveries, Scientific Theories & Mathematical methods.
    • Aesthetic creations.
    • Schemes, Rules, Methods for performing mental acts, playing games, doing business as well as Presentation of Information.
    • Programmes for Computers.
    • Inventions contrary to public order & morals.
    • Methods of treatment on humans and animals.
    • Plant or Animal varieties or Bio processes for the production of plants or animals.

    PartityPatents Law Firms through its associates in Greece is at hand to help you with patent registration and prosecution.

• FILING REQUIREMENTS OF PATENTS IN GREECE

  • (i). Application to be filed in Greek or translation provided accordingly.

    (ii). Nationality of the applicant.

    (iii). Name & Address of the applicant.

    (iv). Description of the invention.

    (v). Claims

    (vi). Abstract

    (vii). Drawings

    (viii). Title of the invention , Prior state of the art, & the Technical area of the invention.

    (ix) A Request for grant of patent

• EXAMINATION OF THE PATENT APPLICATION IN GREECE
  • • Once the patent application is filed, the application is scrutinised for defence & atomic energy aspects.
    • Upon receipt of the patent application, it is examined for formality requisites
    • Any requisites, deficiencies, compliances are to be completed with a stipulated period of time else, the patent application is deemed withdrawn.
    • Patent application is examined substantively.
    • Once the application is found to be in compliance with all the requisites, the search report is finalised and the application is published.
    • No objections / opposition forthcoming, application is registered and patent granted.

    Post Patent grant by the European Patent Office (EPO), Patent needs to be validated in the member country as designated on the Patent application.

    Patent Validation comprises of certain formalities and requirements per national laws of the designated country.

    Parity Patent Attorneys and Associate Law Firms in Greece are at hand to help and assist you with Patent Validation.

• RIGHTS OF THE PATENTEE IN GREECE

  • TERM AND KINDS OF PATENTS GRANTED IN GREECE:

    Patents with a term of 20 yrs.

    Utility Models with a term of 07 yrs.

    (i) Patents confer on its holders and successors an exclusive right to work the invention.

    ii) Patentee may authorise such uses of the patent through a contractual agreement with interested parties.

    iii) Patentee may authorise the working of the patent either by a manufacturer or by an importer.

    iv) Patentee may even assign or licence the patent.

• COMPULSORY LICENCES OF PATENTS IN GREECE

  • Licenses are of 2 kinds:

    (i). Contractual License by way of assignment and license agreements.

    (ii). Compulsory Licenses by way of Decisions & Orders:

    Licenses for exploitation of the patent without the patentee’s prior consent may be granted with reasonable compensation on the following grounds:

    – Relevant invention has not been exploited in Greece or, in case it has, the production of the products is insufficient to cover local demand.

    – A period of 3yrs. must have elapsed since the grant of the patent or a period of 4yrs. since the filing date of the patent application.

    Compulsory licenses by way of Administrative Acts, are granted in the event the patent concerning public health and national defense has not been exploited in Greece.

    ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Greece, can assist you comprehensively with Compulsory Licence matters.

• PATENTS Cost of Registration in GREECE