A patent is granted under the provision of the Patent Act No. 1733/87 for “any inventions which are new, which involve an inventive step and which are susceptible of industrial application. The invention may relate to a product, a process or an industrial application”. Patents are granted by the Greek Patent Office (OBI). However, conflicts with regard to patent rights are heard at the civil courts. OBI has no cancellation power for granted patents.

GREEK PATENTS - FILING REQUIREMENTS

1. Name and address of the applicant(s) and the inventor(s).
2. Specification of the invention in English, French or German with title, description, claims, drawings (if applicable) and abstract of not more than 150 words.
3. Priority document of the home application (within one year from the home application date).
4. Assignment of Rights, if the inventor is different from the applicant. The document must be legalized with Apostille.
5. Power of Attorney signed by the applicant. Legalization is not required ( ).

PROCEDURE TO THE GRANT OF A GREEK PATENT

The Greek Patent Office (OBI) performs a typical examination of the patent application. If the search fee is paid within four months from the application date, a search is performed and a search report is issued stating the background art and relevant documents. The applicant may reply to the search report within three months, explaining the differences between the cited documents and the patent. No substantial examination is performed by OBI, i.e. the patent is granted regardless of the findings in the search report. A granted patent can be cancelled only by the civil courts.

VALIDATION OF EUROPEAN PATENTS IN GREECE - FILING REQUIREMENTS

1. Name and address of the applicant(s) and the inventor(s). (EPO Forms A1 or B1)
2. Specification of the invention in English, French or German, with title, description, claims, drawings (if applicable) and abstract of not more than 150 words.
3. Copy of the Decision to Grant.
4. Power of Attorney signed by the applicant. Legalization is not required ( ).

Important: All documents must be filed within three (3) months from the date of the grant. No extension is allowed.

UTILITY MODELS - FILING REQUIREMENTS

1. Name and address of the applicant(s) and the inventor(s).
2. Specification of the utility model in English, French or German with title, description, claims, drawings (if applicable) and abstract of not more than 150 words.
3. Priority document of the home application (within one year from the home application date).
4. Assignment of Rights, if the inventor is different from the applicant. The document must be legalized with Apostille.
5. Power of Attorney signed by the applicant. Legalization is not required ( ).

PROTECTION AGAINST PATENT/UTILITY MODEL INFRINGEMENT

In urgent cases, a petition for injunction may be filed at the civil court with the request that a preliminary order is issued on the same day the petition is filed. The preliminary order is a temporary measure that will forbid the infringer to use the patent/utility model until the date of the court hearing, which usually takes place within 2 to 4 months. If the infringer does not comply with the preliminary order, he is fined and may go to jail. The decision granting the injunction will order the defendant to stop using the patent/utility model. A civil action may also be necessary to award damages and/or to decide about the infringement. In addition, articles manufactured according to the patent/utility model can be seized by filing a complaint at the criminal court and requesting from the District Attorney to issue an order empowering the police to enter shops, warehouses etc. and seize the infringing articles.

A granted patent/utility model can be cancelled by an application of cancellation filed at the civil court. The decision may be appealed twice. The final decision is the decision which is not appealed within 60 days or the decision issued by the Supreme Court (Areios Pagos).