Best Patent Lawyers in Chania

About Patent Law in Chania, Greece

Patent law in Chania is regulated by Greek national law, closely aligned with European Union directives and the international agreements to which Greece is a party. A patent grants inventors the exclusive right to use, produce, and sell their invention for a set period, usually 20 years. The Hellenic Industrial Property Organisation (OBI) is the national authority responsible for handling patent applications and protection. Being part of the European Patent Convention (EPC) also allows for patent protection through the European route. Residents and businesses based in Chania, Crete, who create new inventions or innovative products can protect their intellectual property rights and prevent unauthorized use through patents.

Why You May Need a Lawyer

There are several scenarios where residents and businesses in Chania may benefit from legal advice concerning patents:

• Drafting and filing patent applications to ensure legal compliance and strong protection
• Assessing whether an invention qualifies for patent protection under Greek and European law
• Conducting patent searches for prior art to avoid infringement
• Defending or opposing existing patents in legal disputes
• Handling issues of patent infringement, whether you are accused or the victim
• Negotiating licensing agreements, assignments, and transfers of patent rights
• Understanding international patent protection when expanding beyond Greece
• Navigating renewals, annuities, and other administrative requirements

A specialized lawyer can help maximize the chances of successful patent protection and provide support in complex legal situations related to patents.

Local Laws Overview

Greek patent law is governed primarily by Law 1733-1987, as amended, and administered locally by OBI. Patents are granted for inventions that are new, involve an inventive step, and are industrially applicable. Inventions related to discoveries, scientific theories, mathematical methods, and certain types of software may not be patentable. The application process includes description, claims, and sometimes drawings, with strict attention needed for correct and comprehensive drafting. Patent rights are territorial, so protection in Chania specifically means protection across Greece, unless expanded through international treaties such as the EPC or Patent Cooperation Treaty (PCT). Infringement and enforcement cases usually go to special civil courts in Greece. Consultation with local legal professionals ensures compliance with these intricate regulations.

Frequently Asked Questions

What qualifies as a patentable invention in Chania, Greece?

An invention must be new, involve an inventive step, and have industrial applicability. Certain subjects, such as discoveries or scientific theories, are not patentable under Greek law.

Where do I apply for a patent in Chania?

You apply through the Hellenic Industrial Property Organisation (OBI). The process can be done either online or by submitting documents to their offices.

How long does a Greek patent last?

A Greek patent provides protection for 20 years from the filing date, provided renewal fees are paid.

Can I get international patent protection from Chania?

Yes, you can file a European Patent application (via the EPC) or an international application via the PCT.

What do I do if someone infringes on my patent rights?

You should consult a lawyer as soon as possible. Legal action can be taken in the Greek courts, which may involve injunctions, damages, and other remedies.

How do I know if my invention is already patented?

A thorough patent search is necessary, which can be conducted through the databases of OBI, the European Patent Office, or with professional assistance.

Is it necessary to use a lawyer for filing a patent?

While it is possible to file independently, using a lawyer or patent attorney is highly advisable to navigate complexities and maximize your rights.

What costs are involved in obtaining a patent?

Costs include official OBI filing and examination fees, as well as potential legal and translation expenses. Ongoing annual renewal fees also apply.

What is the process for challenging an existing patent?

You can file an opposition with OBI or pursue actions through the Greek courts; legal counsel is recommended for success.

Can software inventions be patented in Greece?

Software is not patentable per se unless it provides a technical solution and meets the standard requirements of patentability.

Additional Resources

Several resources are available for those seeking information and legal advice on patents in Chania:

• Hellenic Industrial Property Organisation (OBI): The official body for patents and other intellectual property matters in Greece
• European Patent Office (EPO): For European-wide patent applications
• Court of First Instance of Chania: Handles intellectual property disputes at the local level
• Local Bar Associations: Can assist in finding reputable patent lawyers in Chania
• Greek Ministry of Development and Investments: Supports innovation and intellectual property awareness
• University of Crete and Technical University of Crete: Technology transfer offices that may assist inventors with patent guidance

Next Steps

If you believe your invention deserves patent protection or if you face a patent dispute in Chania, consider the following steps:

1. Gather all documentation and evidence about your invention.
2. Conduct a preliminary patent search or request a professional search to assess novelty.
3. Consult a local lawyer or patent attorney specializing in intellectual property, ideally one familiar with the Chania region.
4. Discuss potential strategies, including national, European, or international patent applications.
5. Work with your legal advisor to prepare a strong, compliant application or legal position.
6. If necessary, pursue administrative or judicial action to enforce or defend your patent rights.

Seeking guidance from professionals ensures your inventions are protected under Greek and international law, helping you avoid costly and time-consuming legal challenges in the future.