– Patents, Industrial Designs and Trademarks Registration Act, 23/01/2008, in force since March 10, 2009.
– Regulations for the implementation thereof, 20/01/2009, in force since March 10, 2009.

– Paris Convention, Lisbon Act, since January 4, 1962 and Stockholm Act (1967 and 1979), since March 12, 1999.
– Convention Establishing the World Intellectual Property Organization (WIPO), since March 14, 2002.
– Patent Cooperation Treaty (PCT), since October 4, 2013.

Applicant: any person, Iranian or foreigner, who first applies for the registration of an invention in his name, be it either the inventor, his assignee, a company, or a firm; foreigners must be represented through an authorized attorney.

Inventor(s): to be named.

Kinds of patents: independent patents (for Iranians only), PCT patents, conventional patents and patents of improvement or addition.

Novelty: includes any invention that has not been anticipated by prior art and would not be obvious to a person having ordinary skills in the art. Prior art is considered any invention disclosed to the public, anywhere in the world, through written or oral publication, by practical use or in any other way.

Novelty grace period: six months.

Exceptions to protection: discoveries, scientific theories, mathematical methods and works of art; schemes, rules or methods for doing business, performing mental or social acts; methods for treatment or diagnosis of human or animal diseases; genetic resources and genetic components comprising the same, as well as biological processes for the production of the same; anything that has been already anticipated in industries and techniques. Those inventions the commercial exploitation of which would be contrary to Islamic rules, public order or morality shall not be patentable.

Priority: according to the Paris Convention.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, legalized up to the Iranian Consulate;
2. Specification (in English), to be translated into Farsi by the resident agent, and drawings, if any;
3. Whenever foreign priority is claimed, a certified copy thereof, together with an English translation;
4. Documents evidencing identification of the applicant, notarized only;
5. WIPO publication.

Minimum requirements to obtain a filing date: names and specifications of the applicant and inventor(s), invention title, number and date of the priority document.

Terms for filing the missing documents: preferably all documents should be presented at the time of filing, but a sixty-day delay may be accorded for foreigners to submit the necessary documents. This two-month respite is granted only once.

Electronic filing: obligatory.

Electronic signatures: are not accepted (only wet signatures).

PCT applications: now implemented by the Intellectual Property Center of Iran. Time limit applicable for entering the national phase under Chapter I and Chapter II: 30 months. Note: effective from May 30, 2018: (1) the term of protection is counted from the PCT filing date, no longer the Iranian application date; (2) PCT patents are subject to annuity payments counted from the PCT filing date and all past annuities must be paid, thus patent applications filed on or after May 30, 2018 are subject to back annuities accumulated in the international stage. PCT applications and granted patents prior to May 30, 2018 must pay the missing annuities at the next annuity payment. PCT applications that are in the process of registration must pay the missing annuities prior to the Intellectual Property Center of Iran granting the patent.

Priority assignment: whenever applications occur, based on foreign priorities filed in the name of a different applicant than that indicated in the new application in Iran, a priority assignment or copy thereof, as filed abroad, legalized up to an Iranian Consulate, should be submitted to the Registrar.

Examination: after a formal examination at the Intellectual Property Center of Iran, patent applications are sent to research centers for further examination (fees must be paid within thirty days from the date of notification, failure will result in invalid application). 

Accelerated examination: not possible.

Amendments (alterations) of application: allowed if it does not concern the basic nature of the invention.

Divisions: allowed before the application is accepted to be granted.

Objections of the Office: foreign applicants can satisfy the objections of the Intellectual Property Center of Iran within sixty days from the date of notification.

Publication: within thirty days after grant.

Beginning of protection: from date of filing the application. If priority is claimed on the basis of a foreign application, the priority rights are recognized as prescribed by the Paris Convention.

Delivery of document: the Letters Patent is issued in both paper and electronic format.

Duration: twenty years.

Extension of duration: not possible.

Annuities: the first annual tax is paid at the moment of filing. Subsequent payments must occur on/or before the anniversary of filing, or per anticipation.

Annuity grace period: 180 days are allowed for late payments, with 50% fine.

Amendment of issued patents: minor amendments are allowed if it does not concern the basic nature of the invention before the application is granted.

Validation of invalidated patents: not possible.

Marking of goods: compulsory.

Working: whenever an invention is not exploited or the products produced thereby not sold in the country, it is advisable to effect nominal working by publication of a notice in the local press, both in Persian and in English, offering a license of use thereof within five years after registration, in order to avoid a possible cancellation action. Such procedure can be repeated as often as once a year thereafter or at any rate every five years at the anniversary date of registration. This formality serves as a proof in case of cancellation action brought by any interested third parties for lack of exploiting the invention.

Rights of prior user: any person who in good faith, before the filing or, where priority is claimed, before the priority date of the same, was using the invention or was making effective and serious preparations for such use in Iran, may continue using in the same manner.

Change of name or address: it is likewise compulsory to record the change of name/address at the Intellectual Property Center of Iran, by submitting a certificate of change of name/address emanating either from the foreign registration Office or the Chamber of Commerce (an excerpt), duly legalized at the Iranian Consulate, accompanied by a power of attorney from the new owner, legalized as well, documents evidencing identification of the applicant, notarized only, and the original Letters Patent for endorsement.

Assignment: it is compulsory to record assignments of each patent at the Intellectual Property Center of Iran. The documents required are: power of attorney from the assignee, legalized up to the Iranian Consulate; deed of assignment, signed by the assignor and assignee before a Notary Public and legalized up to the Iranian Consulate; documents evidencing identification of the applicant, notarized only; and the original Letters Patent for endorsement.

Licenses: any patentee may grant a license of use of his invention provided he records same at the Intellectual Property Center of Iran. The documents needed are: the license agreement signed by both parties and legalized up to the Iranian Consulate; a power of attorney from the licensor, legalized as above; and documents evidencing identification of the applicant, notarized only.

Nullification: any interested party may refer to the Tehran Court and apply for the cancellation of the Letters Patent if the invention is not a new invention or if the patent has been issued contrary to the provisions of the Law.

Infringement – penalties: infringement and unfair competition cases of patents in Iran can be pursued according to penal regulations. Willful infringers can be fined and imprisoned.