By Dimitrios Kouzelis, Intellex
Securing industrial property through patent registration is crucial for inventors and businesses seeking to protect their innovations. Greece, a member of the European Union, follows a specific process for patent registration that generally aligns with European standards but also has unique local, in particular procedural, requirements. This article provides a thorough overview of how to register a patent in Greece, including what can be patented, the registration process, the required documents, options for challenging patents in Greece, costs, and the advantages of filing a patent in Greece.
Contents
1. What Can Be Registered as a Patent in Greece?
2. The Patent Registration Process in Greece
3. Documents Required for Patent Registration in Greece
4. Challenging a patent in Greece
5. Reasons for Refusal of a Patent in Greece
7. Why File a national Patent Application in Greece?
1. What Can Be Registered as a Patent in Greece?
To register a patent in Greece, your invention must meet certain criteria. According to Greek patent law, a patentable invention must fulfill the following requirements:
- Novelty: The invention must be new, meaning it has not been disclosed to the public before the filing date of the patent application.
- Inventive Step: The invention must involve an inventive step, meaning that the invention is not obvious to someone skilled in the relevant technical field.
- Industrial Applicability: The invention must be capable of being used in some kind of industry, which includes agriculture.
In Greece, patents can be granted for products, processes, and industrial applications. However, certain categories are excluded from patentability, including:
- abstract ideas,
- scientific theories,
- mathematical methods, and
- certain types of software
2. The Patent Registration Process in Greece
The patent registration process in Greece is managed by the Hellenic Industrial Property Organisation (OBI). The process involves several steps:
Pre-Filing Search (Optional): Filing a request for a preliminary search by OBI. Conducting a preliminary search can help determine if similar prior art exists. This is not mandatory, but this may identify potentially relevant prior art.
Filing the Application: Submit a patent application to OBI. This can be done online or by physical submission. The application must include a detailed description of the invention, claims defining the scope of protection, and any necessary drawings.
Formal Examination: After filing, the application undergoes a formal examination to ensure it meets all procedural requirements. The applicant is often invited to correct formal deficiencies within four (4) months from application. No new matter can be added in this process.
Search: If the applicant pays the search fee within four months from the filing date of the application, OBI prepares a search report. This report includes information about prior art relevant to assessing the novelty and inventive step of the invention. However, if the fee is not paid on time, the patent application is automatically converted into an application for a utility model certificate.
The search report is sent to the applicant, often after 10 or even 12 months from application. The applicant has three months to provide comments. Based on these comments, OBI prepares a final search report that considers all relevant prior art for assessing the invention’s patentability.
The search report and the final search report have an informative character.
Under the Greek system, no examination takes place and everyone who fulfils the formal requirements gets a patent.
Publication: The patent application becomes publicly available eighteen months after the filing date or the date of priority. However, if the patent has already been granted, it is made public upon the patent’s grant date.
Granting of Patent: OBI grants a patent following completion of the aforementioned procedure. The patent is recorded in the Patents Register and its summary is published in the Industrial Property Bulletin. One may understand that as the patent has not gone through substantive examination, a process in which patentability is examined thoroughly and the patent can be granted as filed, granted with limited scope of protection or refused, the granted patents have limited validity. Also you can check Design Registration in Greece
3. Documents Required for Patent Registration in Greece
To register a patent in Greece, the following documents are generally required:<
- Patent Application Form: A completed form that provides essential details about the invention and the applicant.
- Description of the Invention: A detailed written account of the invention, including how it works and its advantages.
- Claims: Specific claims that define the scope of protection sought for the invention.
- Drawings: Any necessary diagrams or illustrations that help clarify the invention.
- Abstract: A brief summary of the invention for publication purposes.
- Power of Attorney: If the application is filed through an agent or attorney, a signed power of attorney document is required.
4. Challenging a patent in Greece
In Greece, there is no specific opposition procedure before OBI like the one for European patents. In other words, unlike the European Patent Convention that prescribes that an opposition can be filed against a patent within 9 months of grant, Greek law does not provide an opposition process. A patent can however be challenged through legal proceedings for nullity in competent courts.
5. Reasons for Refusal of a Patent in Greece
Several factors can lead to the refusal of a patent in Greece during legal proceedings. Common reasons include:
- Lack of Novelty: If the invention has already been disclosed or is publicly available before the patent application is filed, it will be rejected.
- Absence of Inventive Step: If the invention is deemed obvious to someone with ordinary skill in the field, it will not be patentable.
- Non-Industrial Applicability: If the invention does not have a practical application or utility, it cannot be patented.
- Insufficiency of disclosure: the description, claims and figures are not sufficiently detailed, in order to allow a skilled technician to realise it,
- Excluded Subject Matter: Inventions that fall into categories excluded from patentability by Greek law, such as abstract concepts or certain types of software, will not be registered.
6. Patent Costs in Greece
The costs associated with patent registration in Greece can vary based on several factors, including the complexity of the application and the services of professional representatives. Key costs include:
| Filing fee | €50 |
| Search fee | €300 |
| Written opinion | €650 |
| Drafting a simple application in Greek, with no intention to go international | from €1.000 to €2.000 |
| Drafting a high-quality application in English, with the intention to further file, either a European or a PCT application | from €2.800 to €4.600 |
The patent registration cost in Greece via the iPNOTE platform starts from as low as $1,250, which includes all government fees and document preparation. Find the best IP attorney in Greece on iPNOTE
6.1 Validating a European Patent in Greece
After a European patent is granted by the EPO, the patent owner has to validate the patent in the member-states of the EPC in which he/she has commercial interests. Greece did not sign yet the Unitary Patent (only 18 member states have done so), therefore, if one has commercial interests in Greece, he/she should validate the patent through an administrative process which involves the filing of a translation of the specification in Greek.
The administrative fee of validation is 150€, whilst the cost of Intellex depends mainly on the translation cost.
7. Why File a national Patent Application in Greece?
Filing a patent application in Greece offers several strategic advantages:
- Market Protection: Greece’s patent system helps protect inventions from unauthorized use within its jurisdiction, providing a competitive edge in the Greek market.
- Basis for subsequent applications: As Greece is a contracting state to the European Patent Convention (EPC), Patent Cooperation Treaty (PCT), and Paris Convention, (PC) and a member of the World Trade Organization (WTO), the Greek patent application may serve as the basis for subsequent European and/or international patent applications by claiming the Greek priority.
- Business Growth: A large patent portfolio can enhance business reputation, attract investors, and provide licensing opportunities, contributing to business growth and innovation.
- Enhancement of trade and business connections: Greece is strategically positioned at the crossroads of Europe, Asia, and Africa. This geographical advantage can facilitate trade and business connections.
- Opportunity to be part of Greece’s growing innovation ecosystem: Greece has a growing innovation ecosystem, making it an interesting place for inventors and entrepreneurs, especially in specific sectors such as artificial intelligence.
8. Conclusion
Navigating the patent registration process in Greece involves understanding the specific requirements, documentation, and procedures set by the Hellenic Industrial Property Organisation (OBI). By ensuring that an invention meets the criteria for patentability, carefully preparing the necessary documents, and following the steps for filing and examination, applicants can effectively protect their innovations. With the benefits of market protection, enhanced business prospects, legal enforcement and participation of the growing innovation ecosystem, registering a patent in Greece can be a valuable step in safeguarding industrial property and fostering innovation.
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