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Legislative Implementation of Flexibilities - Iceland

Title:Articles 8 §§ (2), (6) and (7), 21 2) and 52 2) of the Patents Act No. 17/1991 as last amended by Law no. 167/2007 and Article 29 of the regulations thereto
Field of IP:Patents
Type of flexibility:Disclosure related flexibilities
Summary table:PDF

Provisions of Law

Article 8

The application shall contain a description of the invention, also comprising drawings if such are necessary, and a distinct statement of what is sought to be protected by the patent (patent claims). The description shall be so clear as to enable a person skilled in the art to carry out the invention with the guidance thereof. If an invention concerns or requires the use of biological material, it shall be considered inadequately described unless the requirements according to Paragraph 6 are fulfilled.

If it is necessary for the invention to use biological material which is neither available to the public nor can be described in the application in such a manner that, based on the application, a person skilled in the art would be able to execute the invention, a sample of the biological material must be deposited no later than the filing date of the application. From that time on, the sample shall remain constantly on deposit so that whoever has authorization according to this Act will be able to receive a sample of the biological material in this country. Regulations shall stipulate where such deposits may be made.

If a deposited biological material becomes inactive or it is impossible for other reasons to supply samples of it, it may be exchanged with a sample of the same culture within the prescribed time and in other aspects in accordance with the provisions of regulations. In such instances, the new deposit is considered to have been made on the same date as the previous deposit.

Article 21

Anyone may file an opposition against the patent granted with the Patent Authority. Opposition shall be made in writing and reasoned and must be filed with the Patent Authority within nine months from the date the granting of the patent was advertised.

Opposition may only be based on the contention that the patent was granted despite the following:

2. the invention is not described clearly enough to enable a person skilled in the art to carry out the invention on the base of the description,

Article 52

A patent may be revoked [in its entirety or in part by a court decision if:

2. it relates to an invention which is not disclosed in a manner sufficiently clear to enable a person skilled in the art to carry out the invention;

Regulations

Article 29

An applicant who has applied for a patent abroad at the same time as making an application in Iceland shall, within the limitations specified in subarticle 2, paragraph 3, Article 69 of the Patent Act, be obliged, if the Patent Authority so requires, to pass on information which the foreign institution has provided regarding novelty or patentability of the application in other respects. If the Patent Authority so requests, the applicant shall be obliged to declare at which patent institution he has applied for a patent for an invention and shall submit a copy or transcript of all communications that he has received in relation to novelty or the patentability of the invention in other respects and of the correspondence with the patent institution or he shall make a declaration that he has received no such communications.

If the examination of an application is carried out by a foreign patent authority in accordance with the provisions of paragraph 3, Article 69 of the Patent Act, the Patent Office may, on the basis of an agreement with the said patent authority regarding exchange of information on patentability, postpone discussion of an application which corresponds to an application that has been filed earlier at the said foreign patent authority, until the said application has been processed according to the terms of the agreement.

Documents relating to the application and which have not been made available to the public may be furnished by the Patent Office to the foreign patent authority with which an agreement has been reached under the provisions in the above paragraphs, provided that the said patent authority has undertaken not to make them available to the public.

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