According to Article 1 of the Law on the Protection of Industrial Property, approved in 2024, an invention is defined as the product of human ingenuity that solves a technical problem in a particular industry through a new and inventive product or process. In essence, an invention provides a technical solution to a specific industrial problem. The term “industry” is interpreted broadly to include manufacturing, handicrafts, agriculture, fishing, and services. Therefore, if an individual develops a solution to a problem within the fishing industry that meets the criteria of an invention, it may be eligible for patent protection. An invention may be in the form of a product (e.g., an industrial water pump) or a process (e.g., a pharmaceutical formulation).

Once the invention is duly registered, the applicant is granted a patent. A patent is an exclusive right issued by the Industrial Property Office, which grants the patent holder the right to prevent others from commercially exploiting the invention without permission for a specific period.

For an invention to be patentable in Iran, it must satisfy all of the following criteria:

  • Novelty: The invention must be new, meaning it has not been disclosed to the public anywhere in the world before the date of the patent application. Public disclosure includes oral presentations, written publications, uses, or any other forms of dissemination.
  • Inventive Step (Non-obviousness): The invention must involve an inventive step, meaning it is not obvious to a person skilled in the relevant technical field at the time of the application.
  • Industrial Applicability: The invention must be capable of being manufactured or used in any kind of industry.

 

Items Not Patentable in Iran

  1. Discoveries, scientific theories, mathematical methods, and works of art.
  2. New uses of known products or processes.
  3. Designs, rules, and methods for performing mental or social activities, business methods, and games.
  4. Methods for medical treatment, diagnosis, surgery, or therapy for humans or animals.
  5. Plants, animals as they occur naturally, biological resources, and biological processes.
  6. Inventions whose exploitation is contrary to public order, religious principles, Good Moral, or legal provisions.
  7. Inventions that threaten human health, pose serious environmental risks, or cause significant damage to biodiversity.

 

Right to Apply for a Patent

The following persons are eligible to file a patent application through the Intellectual Property Center system:

  1. The inventor (the individual who created the invention) or their legal representative.
  2. The person on whose behalf the invention was made, or their representative.

 

Steps and Required Documents for Patent Application

Step 1: Application Submission and Ownership/Invention Identification

The initial step involves submitting the application and establishing the inventor’s and owner’s identities. In some cases, the inventor and the patent owner are the same individual; in others, they are different. The owner of an invention can be a legal entity (such as a company) or an individual, but the inventor must always be a natural person.

In this regard, the identity documents of the owner and the inventor are as follows:

 

  • For the owner:

– Natural persons: Copy of the national ID card and identity card.

– Legal persons:

  • Copy of the national ID card and identification documents of the legal entity’s owners or authorized signatories
  • Copy of the official gazette of the company’s establishment
  • Copy of the official gazette of the latest changes of the company
  • For the inventor:

Copy of the national ID card and identity card.

 

It is also worth noting that if the application is made by a legal representative (for example, a lawyer), documents related to representation must also be uploaded.

 

Step 2: Technical Description and Documentation

In this stage, the applicant must complete the technical specifications of the invention using the forms provided by the Intellectual Property Office. The following items are essential and must be uploaded:

  • Description of the invention: A detailed explanation of the invention, including how it works and how it is made. These details should be sufficient for a person skilled in the same technical field to reproduce the invention.
  • Claim or claims of the invention: The claims define the scope of legal protection sought. They specify the essential elements and features of the invention. An invention can have multiple claims. The scope of patent protection directly relates to the claims’ content; the broader the claims, the broader the legal protection.
  • Summary of the description of the invention
  • Drawings: If drawings are necessary for a better understanding of the invention, these drawings or diagrams must also be attached.

 

 

Step 3: Examination by the Intellectual Property Office

After uploading the required documents and entering the relevant information, the application is submitted to the Intellectual Property Office’s examination file. The application is then reviewed by patent registration experts. If the experts identify any issues or find that the invention does not meet the necessary criteria, they will notify the applicant via a formal notification. In such cases, the applicant must address the concerns within the specified deadline. If the examination confirms that the invention is eligible for registration, the patent is granted and registered.

 

 

Final Step: Patent Grant

At this stage, the invention is officially registered, and the applicant receives a patent valid for 20 years from the filing date. After expiration of this period, the invention enters the public domain and can be freely used by anyone.

 

Successfully completing all these steps is crucial, as patent procedures are highly specialized within the field of intellectual property. Any mistake made during this process could jeopardize your rights—as the owner of the patent or the inventor. Therefore, we strongly advise you to undertake these steps with the guidance of an IP law expert.

At Rezvanian International, our lawyers specialize in intellectual property law and will assist you at every stage of the process. Moreover, we will continue to support you in protecting your rights even after the patent is granted.

For any further questions or guidance on registering your patent in Iran, please contact us at:
office@rezvanianinternational.com