Pages 149-154

INFORMATION FROM THE CONTRACTING / EXTENSION STATES

CY Cyprus

Impact of the European Patent Convention on national law

Cyprus became the 19th contracting state to the EPC on 1 April 1998. The patent law 1998 includes provisions implementing the EPC in Cyprus and harmonises substantive patent law with the EPC and CPC.

A. National legal bases

1. Patents Law 1998 ("PL").

2. Patents Regulations 1998 ("PR").

B. Application of the EPC in Cyprus

The main provisions relating to the application of the EPC in Cyprus are summarised below:

The information is structured in the same way as in the EPO brochure "National Law relating to the EPC". This summary may therefore be used as a supplement to the brochure until a revised edition is published.

1. Filing of European patent applications (Article 75 EPC, Section 64 PL, Rules 46 and 47 PR)

European patent applications may be filed either with the EPO or with the Office of the Registrar in Cyprus1:

Department of Registrar of Companies and Official Receiver

CY-1427 Nicosia

Cyprus

Cypriot nationals must file European patent applications at the Office of the Registrar if the priority of an earlier application in Cyprus is not claimed. Filing of documents by facsimile is not permitted. European patent applications filed with the Office of the Registrar may be drawn up in Greek, English, French or German, however where the application is not in Greek a translation must be filed within two months.

II.A. Rights conferred by a European patent application after publication (Articles 67 and 93 EPC - Sections 28(1) and 65 PL)

Under Section 65 of the Patents Law, a published European patent application designating Cyprus enjoys provisional protection as from the date on which a translation of the claims as submitted by the applicant has been published by the Office of the Registrar or has been notified to the alleged infringer. However the court may decide to stay any proceedings in respect of unauthorised acts performed in relation to an invention the subject of a published application until a final decision has been made whether to grant or refuse a European patent or until the period for filing an opposition has expired or until a final decision has been made on an opposition already filed.

B. Filing a translation of the claims (Article 67(3) EPC - Section 65 PL, Rule 52 PR)

The translation of the claims must be filed at the Office of the Registrar in duplicate together with the appropriate fee and using the prescribed form. The Registrar accepts documents meeting the formal requirements of Rule 35(3)-(14) EPC. The translation may be corrected subject to payment of a fee and must be accompanied by the prescribed form (P.5).

C. Representation by patent agent (Section 79(2)PL)

An applicant with neither a residence nor principal place of business in Cyprus must be represented by an authorised agent in all proceedings before the Registrar.

III. Filing a translation of the patent specification (Article 65 EPC - Section 66 PL, Rule 53 PR)

A European patent designating Cyprus has effect only if a Greek translation of the text in which the EPO intends to grant the patent, or decides to maintain it as amended, is filed in duplicate, together with the prescribed fee, with the Office of the Registrar, within three months of the date on which the mention of grant or the decision to maintain the patent as amended is published in the European Patent Bulletin. Failing compliance with this requirement the European patent will be treated as always having been void. The translation must be accompanied by form P18.

The Office of the Registrar accepts translations meeting the formal requirements of Rules 32 and 35(3) -(14) EPC. The number of the European patent application and the name and address of the patent holder must accompany the translation. If the EPO maintains the patent in an amended form the number of the European patent and the name and address of the patent holder must accompany the translation of the amended text.

The translation may be corrected subject to payment of a fee and the issue date and number of the original publication of the translation in the Official Gazette must be clearly indicated.

IV. Authentic text of a European patent application or European patent (Article 70 EPC - Section 67(1) PL)

The translation is the authentic text of the European patent application or patent if the scope of protection is narrower than in the language of proceedings. This does not apply, however, in revocation proceedings. Regarding the rights of a prior user where a translation is corrected, Section 67(3) of the Patents Law provides for the safeguards mentioned in Article 70(4)(b) EPC.

V. Payment of renewal fees for European patents (Article 141 EPC - Section 26 PL, Rules 41, 55 PR)

Renewal fees are payable to the Office of the Registrar for the years following that in which the European Patent Bulletin mentions grant of the European patent. Failure to pay the renewal fee will result in the lapse of the patent as from the start of the fee year for which the fee has not been paid.

Renewal fees fall due on the last day of the month in which the date of filing occurred. The first such fee will not fall due until two months after the date on which the patent is granted. There is a grace period for payment of renewal fees of up to six months after the due date, subject to a surcharge of 10% of the outstanding amount per month.

Restitutio in integrum is possible, provided the request is submitted not later than twelve months from expiry of the grace period.

The lapse of a patent due to non-payment of renewal fees is published in the Official Gazette and entered in the Register of Patents.

A reminder in case of non-payment will normally be sent one month after the due date, however, the Office of the Registrar is under no obligation to do so.

Renewal fees are currently as follows:

VI. Conversion of European patent applications into national patent applications (Articles 135-137 EPC, Section 70 PL)

Cyprus law makes provision for conversion in the case of deemed withdrawal under Article 77(5) EPC or under Article 90(3) EPC (where the translation in the language of proceedings was not filed in time).

The request for conversion must be filed within three months of the owner of the European patent application being notified of the withdrawal of the application (Article 135(2) EPC, Section 70 PL, Rule 58 PR). The request for conversion must be accompanied by the appropriate fee and a Greek translation of the application must be filed within four months of filing the request for conversion.

VII. Payment of fees

Payment may be made to the Office of the Registrar either in cash, by bank draft, or by cheque made out to the Registrar of companies. Payments must be made in Cyprus pounds.

VIII. Miscellaneous

1. Simultaneous protection (Article 139(3) EPC - Section 71 PL)

Where a national patent relates to an invention for which a European patent has been granted to the same inventor or his successor in title, with the same date of filing or priority, the national patent shall be ineffective from either the date on which the period for filing an opposition to the European patent has expired without any opposition being filed or the date on which the opposition proceedings are concluded with a decision to maintain the European patent. Where a national patent is granted at a date later than either of those previously mentioned, such patent shall take no effect.

2. Territorial field of application of the EPC (Article 168 EPC)

The EPC applies in the territory of the Republic of Cyprus.

C. Amendment of Cypriot patent law

1. Patentability

The patentability criteria (concept of invention, novelty, inventive step, industrial application) are fully consistent with those of the EPC (Articles 52 to 57 EPC).

2. Term of the patent

A patent is granted for a term of 20 years, as from the date of filing the application.

3. Rights conferred by the patent

The rights conferred by the patent reflect the provisions of the Community Patent Convention (see Article 25 ff CPC 1989).

4. Extent of protection

The extent of protection conferred by the patent is determined by the claims. The description may serve as a guide to interpreting the claims.

D. Other international treaties

The Patent Cooperation Treaty took effect in Cyprus on 1 April 1998. Since the EPC and PCT took effect on the same date it has since then been possible to obtain a European patent for Cyprus by filing a Euro-PCT application.

A PCT application designating Cyprus is deemed to be an application for a European patent for Cyprus. A Cypriot national patent cannot be obtained via the PCT.

Cyprus is not party to the Budapest Treaty on the International Recognition of the Deposit of Micro-organisms. The detailed provisions for deposit of samples of micro-organisms are specified in Rule 26.