– Patent Law of April 1, 1998, ratified on April 2, 1998.
– Implementing Rules, published in the Official Gazette of the Republic No. 3312, dated March 26, 1999.

– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since April 30, 1973.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since April 3, 1984.
– Convention Establishing the World Intellectual Property Organization (WIPO), since October 26, 1984.
– WTO’s TRIPS Agreement, since July 30, 1995.
– Patent Cooperation Treaty (PCT), since April 1, 1998.
– European Patent Convention, since April 1, 1998.
– European Patent Convention 2000 (EPC 2000), since July 20, 2007.

Legal basis: the Patents Law Cap. 266, which was repealed on April 2, 1998, did not make provision for the original registration of patents in Cyprus, but it enabled any person being the grantee of a patent (which expression shall include a patent of addition) in the United Kingdom or being the grantee of a European patent designating the U.K. or any person deriving his right from such grantees by assignment, transmission or other operation of law to apply within three years from the date of the sealing of the patent in the United Kingdom to have such patent registered in Cyprus. The time limit for filing an application for the registration of a patent which is already registered on April 1, 1998 in the United Kingdom and which could have also been registered in Cyprus under the repealed law prior to the entry into force of the new law, expires when the time limit according to the repealed law would have expired, irrespective of any related provisions in the new law.

The new Law (Law 16(I) of 1998) provides also that when the applicant in an application for a U.K. patent or a European patent designating the U.K. or a PCT patent designating the U.K. either directly or through a European application and which is pending on the day of the entry into force of the present Law, may, within eighteen months from the acceptance of his application and the issue of the patent, apply to the Registrar in Cyprus for his patent to be registered as a Cyprus patent.

Remark on IP implications of the U.K.’s referendum vote of June 23, 2016 to leave the European Union: the U.K.’s position as a contracting State of the EPO is not affected by the U.K.’s withdrawal from the EU, and European (U.K.) patents will continue to be obtainable through the EPO route.

Applicant(s): must appoint a practicing attorney as local agent duly appointed by power of attorney.

Patentability: to be patentable, an invention should be novel, involve an inventive step and be industrially applicable.

Novelty: an invention is considered new if it does not form part of the prior art.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, simply signed (no notarization or legalization is needed);
2. 2 copies of the patent;
3. Full name, address and nationality of the applicant, the inventor and his representative;
4. The title of the invention must be brief and exact and show the object of the invention;
5. Translation of the entire patent into Greek is required;
6. Priority document, when needed. A Greek translation of the entire document is required.

Note: all applications must be filed in the official (Greek) language through a local agent who should be a practicing advocate, and there must be an address for service for all applicants who do not reside or carry on business in Cyprus. The translation of the patent and the priority document into Greek must be made by a Cypriot agent or translator, who has to give a sworn statement (affidavit), that he himself made the translation and that to the best of his knowledge and belief it is an exact and accurate translation of the text of the patent or of the priority document. 

Electronic filing: not possible.

For a change of name or address:
1. The original (or notarized and apostilled) document attesting to the change. This document must be translated into Greek (as above);
2. Power of attorney, simply signed.

Examination: only as to formalities. If not all the formal requirements are complied with, the applicant is given time to amend the application. Upon notification by the Registrar that the formal requirements are met, the applicant shall, within the prescribed period, submit to the Office of the Registrar a search report drawn up by a prescribed authority (see Article 16(3) of the Patent Cooperation Treaty).

Opposition: after a patent application is published in the Official Gazette, oppositions may be filed in Court by any person.

Granting: where all the requirements prescribed by the Law are satisfied, and the prescribed fees paid, the Registrar shall grant the patent. 

Publication: granted national patents and European patents validated in Cyprus are published in the Official Gazette. 

Delivery of document: the patent certificate is issued in paper format

Duration: twenty years from the filing date.

Supplementary Protection Certificates: the new Patent Law provides for the granting of Supplementary Protection Certificates for medical products. One of the requirements for obtaining an SPC is the production of the Decision of the Commission of the European Communities showing the authorization to place the product on the market as a medical product. 

Paediatric extension: possible for six months. 

Annuities: have to be paid for the maintenance of registered patents as from the 3rd year of protection.

Working – use: commercial use of the patent is mandatory.

Compulsory licenses: if an invention is not worked, any person may apply to the Registrar for a compulsory license, provided certain conditions are satisfied, at any time after the expiration of four years from the date on which the patent was granted, or of another period as may be prescribed.

Assignment: must be recorded.

As of April 1, 1998, Cyprus became bound with the PCT and the European Patent Convention. The national phase for PCT application is closed so that only patents through the European Patent Office can be obtained. The designation of Cyprus in an international application will have the effect of an indication of the wish to obtain a European patent. A Greek translation of the patent must be filed with the Registrar. 

Filing requirements for a PCT application: application form, patent text, official fees, transmittal fees, power of attorney.  

Time limit for entering EP regional phase: 31 months under both Chapters I and II.  

European patent validation requirements: (a) appointment of a national representative is required; (b) translation of the full specification into the official (Greek) language is required, within a non-extendible term of three months after the date on which the mention of the grant of the European patent is published in the European Patent Bulletin; (c) the minimum time period for paying renewal fees due at validation is two months.

Opposition to granted patents: possible in Court.

Invalidation: the Court may, on the application of any person, invalidate a patent, in whole or in part, on any of the following and no other grounds: (a) that the subject matter of the patent is not patentable; (b) that the patent does not disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art; (c) that the right to the patent does not belong to the person to whom the patent was granted.

Infringement: an infringement action is tried by the District Court of the respective district in which the cause of action arose, and an appeal lies to the Supreme Court in its appellate jurisdiction. Law 122(I) of 2006, published in the Official Gazette on July 28, 2006, provides for sanctions against the infringer. In case the infringer did not abide by an order of the Court, then the Court may impose damages and/or imprisonment of up to three years. Further, the Court may oblige a litigant to give to the opponent particulars such as details of bank documents, names and addresses of persons or companies who manufactured or distributed the infringing articles and other relevant information.