Best Patent Lawyers in Greece

About Patent Law in Greece

Patent law in Greece is designed to protect inventions by granting the inventor exclusive rights to their creation for a specific period of time, usually 20 years from the filing date. This protection is intended to encourage innovation by providing inventors with the opportunity to profit from their inventions without unauthorized use by others. The Hellenic Industrial Property Organization (OBI) is the body responsible for patent registration and management in Greece. The system aligns with European Union directives and international agreements such as the European Patent Convention (EPC) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

Why You May Need a Lawyer

There are several scenarios where consulting a lawyer is advisable when dealing with patents in Greece. These include:

• Preparing and filing a patent application with the appropriate technical and legal specifications.
• Ensuring that a patent is enforceable and adequately safeguarded against infringement.
• Conducting a patent search to determine the novelty and patentability of an invention.
• Handling disputes or litigation arising from patent infringement.
• Navigating complex regulations and procedural requirements for international patent protection.
• Assisting in licensing agreements and negotiations to monetize the patented invention.

Local Laws Overview

Greek patent law outlines several key provisions that are crucial for understanding how patents function in the country:

• Patentability: An invention must be new, involve an inventive step, and be susceptible to industrial application.
• Exclusions: Certain subjects, like scientific theories, mathematical methods, and computer programs per se, are not patentable.
• Filing Procedure: The application process involves submitting documents in Greek, including a description, claims, and any necessary drawings.
• Rights Conferred: A patent grants the holder the exclusive right to exploit the invention commercially.
• Enforcement and Infringement: The patent holder may take legal action against any unauthorized use of the invention.
• Opposition and Revocation: Interested parties can challenge the validity of a patent through opposition or revocation processes.
• Patent Cooperation Treaty (PCT): Greece is a PCT contracting state, allowing for easier international patent protection.

Frequently Asked Questions

What is the first step in obtaining a patent in Greece?

The initial step is to conduct a patent search to ensure your invention is novel, followed by preparing and filing a detailed patent application with OBI.

How long does it take to get a patent in Greece?

The process typically takes between two to three years from the application date, depending on the complexity of the invention and procedural requirements.

Can I apply for an international patent from Greece?

Yes, Greece is a member of the Patent Cooperation Treaty (PCT), allowing for international patent applications within member states.

What happens if someone infringes on my patent?

You can initiate legal proceedings for patent infringement. This involves seeking an injunction to stop the infringement and potentially claiming damages.

How do I maintain my patent rights in Greece?

Patent holders must pay annual maintenance fees to keep their patent in force throughout its validity period.

Can a Greek patent be revoked?

Yes, patents can be revoked if they do not meet the legal requirements, often through an opposition or revocation proceeding.

Is it possible to modify a patent application after submission?

Some amendments to the application are allowed as long as they do not extend the content beyond what was originally disclosed.

What types of inventions cannot be patented in Greece?

Inventions that fall under categories like abstract ideas, scientific theories, and methods for medical treatments cannot be patented.

Can employees patent inventions created as part of their work?

Typically, the employer holds rights to inventions made by employees unless otherwise agreed upon in the employment contract.

What documentation is needed for a patent application?

Required documents include a detailed description of the invention, claims defining the scope of protection, drawings, and an abstract.

Additional Resources

For further guidance and assistance, the following resources and organizations can be considered:

• Hellenic Industrial Property Organization (OBI)
• Ministry of Development and Investments
• European Patent Office (EPO)
• Local law firms specializing in intellectual property
• Greek Patent Association
• World Intellectual Property Organization (WIPO)

Next Steps

If you're seeking legal assistance for patent-related matters in Greece, it is advisable to:

• Conduct an initial consultation with a lawyer specializing in intellectual property law.
• Evaluate the lawyer's experience and understanding of Greek and international patent law.
• Gather all relevant documents and information about your invention before the meeting.
• Discuss all potential legal strategies, timelines, and costs involved with the lawyer.
• Consider ongoing legal support for litigation, licensing, or maintaining patent rights.