Greek Patent Application Q&A

1. Average Grant Time and Cost of Patent Applications in Greece - How long does it usually take and approximately how much does it cost to obtain a Greek patent?

• There is no substantive examination in the examination procedure of Greek patent applications. As long as the patent application meets all formal requirements, the patent can usually be approved within 14 to 16 months after submission. According to the current official fee regulations, the cost from the filing of a new application to the grant of a patent is approximately 500 euros or 667 euros, depending on whether the applicant requires a simple or reasoned search report. If there are more than 10 claims, a claim surcharge will be incurred.

2. Speeding up the patent examination process - Are there any ways to speed up the patent examination process?

• Greece’s patent protection law allows applicants to request accelerated examination and waive the four-month deadline for subsequent filing. This four-month period generally allows applicants to delay submitting Greek translations and other subsequent filings, provided that they have met all necessary requirements at the time of filing.

III. What to include in a patent application - What information about the invention must be disclosed or described in a patent application? Are there any specific guidelines to follow or pitfalls to avoid when deciding what to include in an application?

• The invention description must be complete and clear so that an expert in the relevant field can implement the invention according to the contents described in the description.
  The instructions must:
  • Determine the technical field to which the invention belongs;
  • Identify the state of the art that is helpful in understanding the invention;
  • Define the invention using appropriate technical terms, as defined in the claims, so that the technical problem to be solved by the invention and the solution it provides can be understood;
  • Explain the advantages of the invention over the prior art;
  • A brief description of each figure in the accompanying drawings (if any);
  • Provide a detailed description of at least one method of carrying out the described invention, with examples where possible;
  • Clearly state how the invention can be used in industry.

4. The claims must define the subject matter for which protection is sought and must be fully supported by the description

• Prior art disclosure obligations – Do inventors have to disclose prior art to patent office examiners?
  • Pursuant to Ministerial Decision No. 15928/EFA/1253, the applicant is invited to indicate the state of the art that he or she considers helpful for understanding the invention. These documents reflecting the state of the art may be cited in the specification, but such disclosure is not mandatory.
• Pursuit of Additional Claims – Can a patent applicant file one or more subsequent applications to pursue additional claims to the invention disclosed in its previously filed applications? If so, what are the applicable requirements or limitations?
  • If an invention constitutes a modification of another invention already covered by a patent (the parent patent), the owner of the latter may apply for the grant of a patent of addition, provided that the subject matter of the patent of addition is related to at least one claim of the parent patent.

V. Appeal Procedure – Can an adverse decision of the Patent Office be appealed to the court?

• Decisions of the Hellenic Patent Office are enforceable administrative acts and therefore can only be appealed before the country's Supreme Administrative Court (the Supreme Administrative Court of Greece).

6. Opposition Procedure – Does the Patent Office provide any mechanism to oppose the grant of a patent?

• Greek patent law does not have a mechanism for opposition proceedings before the Greek Patent Office. The validity of a patent can only be challenged through invalidity proceedings in the civil courts.

VII. Ownership Disputes - Does the Patent Office provide any mechanism to resolve ownership disputes between different applicants for the same invention? What factors determine who owns the invention?

• The Greek Patent Office does not provide a mechanism for resolving ownership disputes. Such disputes can be resolved in the civil courts through proceedings filed by any third party. If two or more persons independently work on the same invention, the ownership of the invention shall belong to the first person to file an application.

8. Amendment and Reexamination - Does the Patent Office provide procedures for amending, reexamining, or revoking a patent? Can the court amend patent claims during litigation?

• Greek patent law does not have a procedure for unilaterally amending a national patent after authorization. Amendments are only allowed when a "limitation decision" is issued for a European patent in accordance with the relevant provisions of the European Patent Convention, that is, the European authorization entry into force procedure. The translation of the amendment to the patent must be submitted to the Greek Patent Office within three months from the date of entry into force.
• National patents can be modified by decision of the civil courts within the framework of partial invalidity proceedings filed by third parties, in which case the patent can be limited to the scope requested. The law does not provide for a re-examination procedure for granted patents.

IX. Patent Protection Term - How is the patent protection term determined?

• Greek invention patents enjoy 20 years of protection, and annual fees must be paid to maintain the patent rights. Additional patents expire at the same time as the main patent expires.
• During the validity period of the invention patent, a patent of addition can be made independent by filing a relevant request with the Greek Patent Office. In this case, the term of protection is extended to 20 years from the day following the date of grant of the application for the patent of addition, provided that all annual fees have been paid in due time.
• Patents for pharmaceuticals and plant protection products can be extended for up to five years after the patent expires by requesting a Supplementary Protection Certificate (SPC), provided that the relevant legal requirements are met. There is also an option for a further six months for pediatric pharmaceuticals.