Iran is one of the largest markets in the region, and many companies, startups, inventors, and foreign investors consider patent registration in Iran as part of their intellectual property protection strategy. However, obtaining a patent is only the first step. Understanding the rights that arise after registration is essential for commercializing an invention and preventing unauthorized use by third parties.
Under Iranian law, the owner of a registered patent enjoys significant exclusive rights and may seek legal protection against unauthorized exploitation of the patented invention.
This article provides an overview of the legal requirements for patent protection in Iran and explains the rights that arise once a patent has been successfully registered.
What Is an Invention Under Iranian Law?
Under Iranian law, an invention is the result of the creativity and intellectual effort of one or more individuals that provides a new and practical solution to a specific technical problem in an industrial field.
An invention may take one of two forms:
- A product – such as a new medical device or an innovative industrial component.
- A process (method) – such as a new method for manufacturing a product or carrying out an industrial operation.
It is important to note that merely having an idea does not constitute an invention. An idea can only benefit from legal protection if it meets the legal requirements prescribed by law and is properly registered.
Requirements for Patent Protection in Iran
To be eligible for patent protection in Iran, an invention must satisfy three fundamental requirements.
1. Novelty
An invention must be novel on a worldwide basis. In other words, before the filing date of the patent application in Iran, the invention must not have been disclosed to the public anywhere in the world.
Disclosure may occur through various means, including:
- Publication of articles or technical reports;
- Presentation at exhibitions or conferences;
- Commercial sale of a product;
- Publication on websites or social media platforms;
- Any other form of public use or disclosure.
For this reason, inventors and companies are generally advised to file their patent applications before publicly disclosing technical details of the invention.
2. Inventive Step
Novelty alone is not sufficient. The invention must also involve an inventive step.
In simple terms, the invention must not be obvious to a person having ordinary skill in the relevant technical field. It should represent a meaningful advancement over the existing state of the art.
This requirement ensures that patent protection is granted only to genuine innovations rather than routine or predictable modifications.
3. Industrial Applicability
The invention must be capable of being made or used in an industrial field.
The concept of “industry” under Iranian patent law is interpreted broadly and includes not only manufacturing industries but also sectors such as agriculture, fisheries, technology, technical services and handicrafts.
Patent Registration as a Prerequisite for Legal Protection
Even if an invention satisfies all three substantive requirements, it will not benefit from the exclusive rights associated with a patent unless it is duly registered in accordance with the applicable regulations.
In Iran, once a patent is registered, the patent owner enjoys legal protection for a period of 20 years from the filing date of the patent application, provided that all required fees are paid within the prescribed deadlines.
Rights Arising from Patent Registration
Upon registration, a patent owner acquires a bundle of exclusive rights that can generally be divided into two categories:
- Economic Rights;
- Moral Rights
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Economic Rights: The Main Benefit of Patent Registration
Economic rights are the commercial rights associated with a patent. These rights allow the patent owner to exploit the invention commercially, generate revenue, and prevent unauthorized use by others.
The scope of these rights depends on whether the invention is a product or a process.
· Product Patents
Where the patented invention is a product, the patent owner has the exclusive right to:
- Manufacture the product;
- Import the product into Iran;
- Offer the product for sale;
- Sell the product;
- Use the product;
- Store or possess the product for commercial purposes, including sale or use.
Example
Suppose a foreign company obtains a patent in Iran for a medical device. In that case, no other individual or company may manufacture, import, market, or sell that device in Iran without authorization from the patent owner.
· Process Patents
Where the patented invention is a process or method, the patent owner has the exclusive right to use that process.
In addition, the exclusive rights extend to products that are directly obtained through the patented process.
For example, if a pharmaceutical company patents a novel manufacturing process for producing an active ingredient, unauthorized use of that process may constitute patent infringement.
2. Moral Rights
Unlike economic rights, moral rights do not have a financial nature. Instead, they are connected to the inventor’s personal and scientific status.
2.1. Right of Attribution
The most important moral right is the inventor’s right to be identified as the inventor in the patent certificate.
This right remains with the inventor even if the economic rights in the patent have been assigned to another person or company.
However, the inventor may request in writing that their name not be included in the patent certificate.
2.2. Right to Scientific Recognition and Awards
Awards, honors, certificates of recognition, and other benefits granted in recognition of the scientific achievement represented by the invention belong to the inventor, even where the economic rights in the patent are owned by another person or entity.
Differences Between Economic Rights and Moral Rights
1. Transferability
Economic rights are transferable. A patent owner may assign all or part of the patent rights to another person or grant licenses allowing others to use the invention.
Moral rights, by contrast, are generally non-transferable.
2. Economic Value
Economic rights have monetary value and can be commercially exploited. For example, an inventor may license a patent to a company in exchange for royalties.
Moral rights do not have a financial nature and cannot be valued in monetary terms.
3. Duration
Economic rights are limited in time. Upon expiration of the patent term, the invention enters the public domain and may be freely used by anyone.
Moral rights, however, are perpetual. Even after patent protection expires, the invention continues to be attributed to its inventor.
Termination of Patent Rights
The exclusive rights arising from a registered patent may terminate in the following circumstances:
1. Expiration of the Patent Term
Patent protection ends upon the expiration of the 20-year term calculated from the filing date of the application.
2. Voluntary Surrender
The patent owner may voluntarily renounce the patent rights.
3. Failure to Pay Maintenance Fees
Patents are subject to periodic maintenance fees. Failure to pay these fees may result in the loss of patent protection.
4. Court Invalidation
In certain cases, a court may invalidate all or part of a patent, for example where it is determined that the legal requirements for patentability were not satisfied at the time of registration.
Once patent rights terminate, the invention enters the public domain and may be used by others in accordance with the law. However, the inventor’s moral rights remain intact.
Patent Infringement
Iranian law allows patent owners to take legal action against any party that exploits a registered patent without authorization.
One of the most important benefits of patent registration is the ability to take legal action against unauthorized users of the invention.
In general, any use of a registered patent by a third party requires the authorization of the patent owner or the owner’s legal representative.
If a person, without authorization manufactures a patented product, imports a patented product, sells a patented product or uses a patented process, the patent holder may initiate legal proceedings before the competent courts.
In addition to seeking an injunction to stop the infringing activities, the patent owner may also claim compensation for damages suffered as a result of the infringement.
In practice, when an unauthorized party manufactures or sells a patented product, harm to the patent owner is often presumed because the owner’s exclusive rights have been violated and economic opportunities have been diminished.
Activities That Do Not Constitute Patent Infringement
Iranian law recognizes certain exceptions under which the use of a patented invention does not constitute infringement.
The most important exceptions include:
Resale of Patented Products
Where a patented product has been placed on the market by the patent owner or with the owner’s consent, subsequent purchasers may resell that product.
Importation of Products Marketed with the Patent Owner’s Consent
In certain circumstances, importing products that have already been lawfully marketed with the patent owner’s consent does not constitute infringement.
Research and Educational Use
Use of a patented invention for scientific research, experimentation, educational purposes, or academic activities is permitted within the limits prescribed by law.
Personal and Non-Commercial Use
Personal use of a patented invention that does not have a commercial purpose may fall outside the scope of infringement.
Prior User Rights
A person who, in good faith, was already using the invention or had made substantial preparations to use it before the patent application was filed may, under certain legal conditions, retain the right to continue such use.
Pharmaceutical Exceptions
Iranian law also provides certain exceptions in the pharmaceutical sector, including specific activities undertaken to obtain regulatory approvals before patent expiration and the preparation of certain individualized compounded medicines under prescribed conditions.
Conclusion
Registering a patent in Iran provides inventors, businesses, and foreign investors with valuable exclusive rights for a period of 20 years. These rights include the ability to manufacture, import, sell, use, license, and otherwise commercially exploit the patented invention while preventing unauthorized use by third parties.
For foreign companies and inventors, understanding the scope of these rights and the available enforcement mechanisms is essential. Patent registration is only the first step in protecting a technological innovation; effective protection and commercialization require a well-planned legal and business strategy tailored to the Iranian market.
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