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Obtaining a European Patent from the European Patent Office (EPO) is a significant step for any inventor, as it enables them to protect their invention and their rights. However, the grant of the European patent does not automatically apply in all countries. In order for it to have full legal effect in Cyprus, the validation process must be followed.
Validation is a formal procedure through which a European patent acquires the same legal force as a National patent. Once completed, the patent holder secures exclusive rights to exploit the invention in Cyprus, as well as the ability to take legal action in the event of infringement. If validation is not carried out, the patent essentially has no legal effect within the territory of Cyprus.
In Cyprus, the procedure is carried out through the Intellectual Property Section of the Department of Registrar of Companies and must be completed within a specific time frame. Specifically, there is a deadline of three months from the publication of the grant of the patent by the European Patent Office (EPO).
The procedure includes the following:
- Submission of an application for validation
- A copy of the European patent as granted, together with a certified translation into Greek
- Certified Greek translation of all texts and drawings of the European patent application (where applicable), either by affidavit or by a sworn translator of the Republic of Cyprus
- Form of authorization for a patent representative
- Payment of a fee of €100
After validation, the patent is initially valid for two (2) years. It can then be renewed annually, with the total duration of protection extending up to twenty (20) years from the filing date and/or grant date, depending on the case. For pharmaceutical or plant protection products, this duration may be extended up to twenty-five (25) years, while for paediatric medicinal products it may reach up to twenty-five (25) years and six (6) months.
From the third year onward, the patent holder must ensure timely renewal of the patent within a period of three (3) months before the expiry of each protection period.
There is also the option of late payment: the renewal fee may be paid up to six (6) months after the end of the previous protection period. In such cases, however, an additional surcharge of 25% of the annual fee is imposed for each month (or part of a month) of delay.
If the renewal is not completed within this period, the Intellectual Property Section will cancel the patent, and the cancellation is published in the Official Gazette.
Validation of a European patent in Cyprus is necessary in order to ensure full legal protection. If the procedure is completed correctly and within the required deadlines, the rights holder retains their rights and can exploit the invention with greater security in the market. In short, without validation there is no effective protection in Cyprus. Conversely, with the proper procedure, the rights holder secures his rights and lays the foundation for putting the invention into practical use.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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