Introduction to Patents in Cyprus
In the Republic of Cyprus, patents are regulated by the Patent’s Law 16(I)/1998, as amended. This law governs the criteria for patentability, the application process, and the rights conferred to patent holders[1].
Patentability Criteria
For a biopharmaceutical invention to be patentable in Cyprus, it must satisfy three key criteria:
Novelty
The invention must be novel, meaning it does not form part of the prior art. Prior art includes everything that has been made available to the public before the filing date or priority date, whether in writing, graphic form, oral description, or through use or any other manner, anywhere in the world[1].
Inventiveness
The invention must be inventive, meaning it is not obvious to someone skilled in the art. This is determined by assessing whether the invention represents a significant improvement over existing knowledge[1].
Industrial Application
The invention must be capable of industrial application, meaning it can be produced or used in any industry. This ensures that the invention has practical utility and can be commercially exploited[1].
Application and Examination Process
To apply for a patent in Cyprus, the applicant must submit an application form accompanied by a description of the invention, claims, a summary, relevant drawings, and a certified translation of the documents in English, German, or French. The application is filed with the Department of the Registrar of Companies and Official Receiver[1].
- Preliminary Examination: The Registrar conducts a preliminary examination to ensure the application meets the formal requirements.
- International Patent Examination Office Report: Within 16 months from the filing date or priority date, the applicant must submit an investigation report from a recognized International Patent Examination Office to verify that the invention is patentable and not already registered by another person[1].
Enforceability of Patents
Once a patent is granted, the owner has the exclusive right to use the invention for up to 20 years from the date of filing the application, subject to the payment of annual renewal fees. For pharmaceutical or plant protection products, the protection period can be extended to 25 years, and for pediatric pharmaceutical products, it can be extended to 25 years and 6 months[1].
Scope of Claims
The scope of claims for biopharmaceutical patents in Cyprus is crucial for defining the protection afforded to the invention.
Claim Format
Claims must be carefully drafted to ensure they are patentable. For example, claims related to the use of a substance for the treatment of a disease are not patentable under certain regulations. Instead, claims should be directed to the medicinal substance itself or its specific use in treating a disease, provided such use is novel and inventive[3].
Supplementary Protection Certificates
For medicinal products that require administrative authorization before being brought to the market, a supplementary protection certificate (SPC) can be obtained. This certificate extends the protection period beyond the basic patent term, provided that:
- The product is protected by a basic patent still in force.
- A valid authorization has been granted for the product as a medicinal product.
- No previous SPC has been obtained for the product.
- The application for the SPC is filed within six months from the date of the first marketing authorization in Cyprus[2].
Validation of European Patents
Cyprus allows the validation of European patents, which can be extended to Cyprus through the European Patent Convention. This provides a streamlined process for obtaining patent protection in multiple European countries, including Cyprus[2].
Specific Considerations for Biopharmaceuticals
Drug Repurposing
Biopharmaceutical inventions often involve drug repurposing or repositioning, where a known drug is discovered to have a new use. Such inventions can be patentable if the new use is novel and inventive. The claim format must be carefully crafted to avoid exclusion from patentability, for instance, by claiming the medicinal substance itself rather than its use in treatment[3].
Genetic Modifications
Processes that modify the genetic identity of animals, which could cause suffering without substantial medical benefit, are generally excluded from patentability. However, specific medical applications that meet the criteria of novelty, inventiveness, and industrial application can still be patented[2].
Key Takeaways
- Patentability Criteria: Biopharmaceutical inventions must be novel, inventive, and capable of industrial application.
- Application Process: Includes preliminary examination and the submission of an investigation report from an International Patent Examination Office.
- Enforceability: Patents grant exclusive rights for up to 20 years, with possible extensions for pharmaceutical products.
- Scope of Claims: Claims must be carefully drafted to ensure patentability, and supplementary protection certificates can extend protection periods.
- Validation of European Patents: European patents can be validated in Cyprus, providing broader protection.
FAQs
Q: What are the key criteria for a biopharmaceutical invention to be patentable in Cyprus?
A: The invention must be novel, inventive, and capable of industrial application.
Q: How long does a patent granted in Cyprus typically last?
A: A patent typically lasts up to 20 years from the date of filing the application, with possible extensions for pharmaceutical products.
Q: Can European patents be validated in Cyprus?
A: Yes, European patents can be validated in Cyprus, allowing for broader protection across multiple European countries.
Q: What is the purpose of a supplementary protection certificate (SPC) in Cyprus?
A: An SPC extends the protection period for medicinal products that require administrative authorization before being brought to the market.
Q: How should claims for biopharmaceutical patents be formatted to ensure patentability?
A: Claims should be directed to the medicinal substance itself or its specific use in treating a disease, rather than the use of the substance for treatment, to avoid exclusion from patentability.
Sources
- Paschalides, Patents under the Law of the Republic of Cyprus.
- Neocleous, Manual of Industrial Property, Kluwer Law International BV.
- Ipleaders, Drug repurposing-patentability scope for Swiss Type claims.
