 
ORGANIZACIÓN MUNDIAL  IP/N/1/IS L/P/2  
 18 de marzo de 1997 
DEL COMERCIO  
 (97-1073)  
 
 Origina l:  inglé s  
Consej o de los Aspectos de los Der echos de Pr opiedad  
I ntelectual r elacionados con el Comer cio  
 
 
 
 
P RINCIP ALES  LEYES  Y REGLAMENTOS  DEDICADOS  A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS  EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO  
 
 Islandia  
 
 
 En el presente documento se reproducen1 las siguientes leyes y reglamentos notificados por 
Islandia en virtud de lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento 
IP /N/1/IS L/1): 
 
 Página  
 
 - Regl amento Nº  574/1991, relativo a las solicitudes de patentes, etc.  ......  2 
 
 - Notificación Nº  575/1991, de instrucciones concernientes  
  a l as sol i ci tudes de patentes  ........................................................  21 
 
 - Regl amento Nº  661/1995, por el que se modifica el reglamento 
  relativo a las solicitudes de patentes, etc., Nº  574/1991, y la  
  notificación de instrucciones concernientes a las solicitudes de  
  patentes Nº  575/1991  ...............................................................  48 
 
 - Reglamento Nº  286/1996, por el que se modif i ca el  r egl amento  
  relativo a las solicitudes de patentes, etc., Nº  574/1991,  
  enmendado, y que modifica la notificación de instrucciones  
  concerniente a las solicitudes de patentes, Nº  575/1991 
  enmendada  ............................................................................  52 
                                           
     1En inglés solamente.  IP IN /l IISLlP 12 
Page 2 
ICELAND 
REGULATION 
concernmg patent applications 
Official Icelandic Title 
Reglugero varoEindl ums6knlr um emkaleyfl 0 fl 
Instituted by the Ministry of Industn 
In accordance with the 
Patent Act no 17/1991, 
Special issue 
Translation from the Icelandic 
Law and Ministerial Gazette 
El NKALEYFASTOFAN 
Lmdargotu 9 150 Reykjavik Iceland IP/N/1/ISL/P/2 
Page 3 
Contents: 
Section no. 
1-9 
10-13 
14-16 
17-17c 
18 
19-21 
22-24 
25-25d 
26-30 
3 J -36 
37 
38-43 
44 
45-50 
51-56 
57 
58 
1-2 Heading Page 
Filing and recording of patent applications ..... ....... ...... ...... 2 
Priority .................................................................................. 4 
Patent claims ... ............ ..... ......... ... ....... .......... .... .......... ...... .... 5 
Description................................................................. ........... 6 
Abstract ................................................................................. 7 
Amendments to patent applications. ... ....... ........... ....... ........ 8 
Division and excision ........................................................... 9 
Publication of patent applications ... ............ ... ....... .............. 9 
Processing of patent applications .............................. ' ..... .... 11 
Laying open of patent applications to public 
inspection .............................................................................. 12 
Specific instructions regarding patent applications ............ 13 
Register of patents etc. .............................. .......................... 13 
Advertisements of the Patent Authority.............................. 15 
Receiving of international applications ............................... 15 
Proceeding with international patent applications etc. ....... 16 
Spare parts and accessories for aircraft ..... ...... ....... ...... ...... 17 
Entry into force..... ............................................................... 17 
Transitional provisions..... ... ...... ..... .... ........ ... ... .... ...... .......... 17 
Abbreviations: 
The Patent Office uses the following abbreviations for current law and regulations in the 
field of patents: 
PA 
RCPA 
AICP = Patent Act no.17/1991 
= Regulation Concerning Patent Applications, etc., no. 574/1991 = Advertisement of Instructions Concerning Patent 
Applications, no. 575/1991 IP IN I lIISL/P 12 
Page 4 
The lcelalldic Lall' alld Ministerial Ga:ette B. 110. 57411991 
Regulation 
concerning patent applications, etc. 
Filing and recording of patent applications 
Section I 
Icelandic patent applications shall be filed with the Patent Office. 
International patent applications designating Iceland shall be fileq with an authority 
or international organization recognized as a receiving office under the Patent Cooperation 
Treaty. Provisions regarding the Patent Office as a receiving authority are to be found in 
sections 45-50. 
Unless otherwise stated, the provisions of this Regulation shall apply only for the 
following: 
I) Icelandic patent applications and 
2) international patent applications which have been proceeded with under section 31 of 
the Patent Act or processed under section 38 of the Patent Act. 
Section 2 
An Icelandic patent application shall consist of a written request (application fonn) 
together with accompanying documents. 
The application form shall be signed by the applicant or his agent and shall indicate: 
I) the name and address of the applicant and, if the applicant is represented by an agent, 
the agent's name and address 
2) the name and address of the inventor 
3) a short descriptive name for the invention for which protection is claimed 
4) if several applicants make a joint application, which of these applicants has power of 
attorney to receive communications from the Patent Authority 
5) to what extent the application involves the deposit of a micro-organism in the manner 
described in paragraph 6, section 8 of the Patent Act 
6) documents accompanying the application. 
The accompanying documents shall include: 
I) a description of the invention, together with drawings if these are necessary for the 
understanding of the invention, patent claims and abstract 
2) power of attorney, if the applicant is represented by an agent and the power of 
attorney is not granted in the application form 
3) if the applicant is not one and the same with the inventor. evidence (in the form of 
an assignment) of the applicant's title. The prescribed application fee shall accompany 
the application. 
Section 3 
The description, patent claims and abstract shall be in Icelandic. Other documents 
may be in Icelandic, Danish, Norwegian, Swedish or English. 
If a document is not in any of the languages specified in paragraph 1, it shall be 
accompanied by a translation. For documents other than the description, patent claims and IP/N/1/ISL/P/2 
Page 5 
abstract and for those parts of the description or patent claims in an Icelandic patent 
application which, under paragraph 1, section 21 do not count as basic documents, the 
Patent Office may waive the demand for a translation or accept a translation in a language 
other than Danish, Norwegian, Swedish or English. The Patent Office may require that an 
authorized translator or other person recognized by the Patent Authority certifies the 
translation. 
Section 4 
The description, patent claims and abstract shall be typed or printed in black on white 
A4 (21x29.7cm) paper. Drawings shall be produced in dark or black lines on white or light 
coloured, durable A4 paper. 
The description, patent claims, drawings and abstract shall be produced in a form 
suitable for easy reproduction. 
The Patent Office shall lay down specific instructions for the format of patent 
documents and the number of copies required. 
Section 5 
If the applicant wishes, a novelty search as described under section 9 of the Patent 
Act, to be performed he shall file a written request at the Patent Office within three months 
from the filing day or from the day on which the application was deemed to be filed, and 
he shall pay the prescribed fee. If the patent application is not in any of the languages 
accepted by the organization which carries out the novelty search, a translation into a 
language specified by the Patent Office shall accompany the request. 
If the applicant wishes for the novelty search referred to in paragraph 1 to be carried 
out by a particular organization, he shall specify that organization in the request. 
If the patent application and prescribed translation fail to meet requirements of form 
demanded of international patent applications, within the period prescribed in paragraph 
1, the request shall be dismissed. 
Section 6 
The Patent Office shall mark the application with the date on which it was filed. 
Section 7 
The Patent Office shall keep a record of patent applications filed. 
The record shall be open to the public. 
The record shall include the following infotmation for each application: 
1) the application number 
2) the code number for the international classification category to which the application 
belongs 
3) the name and address of the applicant 
4) if the applicant is represented by an agent, the agent's name and address 
5) the name and address of the inventor 
6) the name of the invention 
7) whether the application is Icelandic or international 
8) filing date, if the application is Icelandic, as well as the effective date of application 
if this is different from the filing date 
9) if the application is international, the international filing date and the date on which 
the application was proceeded with under section 31 of the Patent Act, or the date on 
which the application is deemed to have been filed under section 38 of the Act IP/N/1/ISL/P/2 
Page 6 
10) the name of the state in which an application has previously been filed, if priority is 
claimed on the basis of this, together with the filing date and number of that 
application 
11) if the application is a result of division or excision, the parent application number 
12) information regarding whether new applications have resulted from division or 
excision together with the number of the relevant applications 
13) where appropriate, the date from which the application became available to the public 
under paragraph 3, section 22 of the Patent Act 
14) in the case of an international patent application, the international application number 
15) information regarding fees that have been paid in respect of the application 
16) where appropriate, information regarding oppositions and opponents to the 
application 
17) information regarding the final outcome of the application. 
Section 8 
The Patent Office shall prepare, every month or in connection with the publication 
described under section 44, the following: 
1) a list of applications, cf. section 7, including the information stipulated in subsections 
1,3,5-11 and 14, paragraph 3, section 7, 
2) a list of international patent applications designating Iceland and about which the 
Patent Office has received information from the World Intellectual Property 
Organization in Geneva. The list shall include all the information for each patent 
application stipulated in article 30(2b) of the Patent Cooperation Treaty. 
The list described under section 8 shall be available from the Patent Office for a fee, 
where this entails a special issue. 
Section 9 
If a communication is received indicating that the title of a patent application has 
changed hands the name of the new applicant shall be added to the record only with 
evidence in the fornl of a deed of transfer. 
Priority 
Section 10 
In order to obtain priority under section 6 of the Patent Act. the applicant shall submit 
a written claim within three months from the filing date in this country, or from the day 
on which the application was deemed to have been filed (effective date), together with 
infornlation on where the application which the claim is based on was filed, including its 
filing date and application number as soon as is practically possible. 
In the case of an international application a claim for priority shall be made at the 
same time that the application is filed. The claim shall be accompanied by information on 
where the application referred to was filed, together with its filing date and, in the case 
of an international application, the name of at least one of the designated states. The 
applicant shall, within 16 months from the priority date, inform the appropriate receiving 
office or the World Intellectual Property Organization of the number of the application 
upon which he bases his claim for priority. 
If an application is divided, cf. section 22, the claim of priority for the original 
application shall, without need for further claims, also be valid for any applications 
resulting from the division. Section 11 IP/N/lIISLlP/2 
Page 7 
An applicant claiming priority shall, within 16 months from the priority date, provide 
the Patent Office with a certificate from the patent authority which received the application 
upon which the claim for priority is based. The certificate shall state the filing date and 
the name of the applicant. It shall be accompanied by a copy of the application, certified 
by the patent institution concerned. The Patent Office shall lay down regulations for the 
format of the copy. In the case of an international application however, such a certificate 
need not be provided unless the Patent Office requires, cf. paragraph 4. Instead, 
certification may be sent to the World Intellectual Property Organization, in accordance 
with Rule 17(1) of the Regulations under the Patent Cooperation Treaty. The Patent Office 
may exempt an applicant from the need to provide the documents specified in paragraph 
1. 
If an applicant fails to provide the specified documents within the prescribed time 
limit his right to priority shall lapse. 
If the World Intellectual Property Organization has been provided with a copy of the 
application upon which the claim for priority in an international patent application is 
based, the Patent Office may only require a copy and translation in accordance with Rule 
17(2) of the Regulations under the Patent Cooperation Treaty. 
Section 12 
An application may only be the basis for a claim of priority under section 10 if that 
application is the first in which the invention is described. 
Notwithstanding that the person who filed the first application, or his successor in 
title, has later filed an application with the same authority relating to the same invention, 
the later application may be used as the basis for a claim of priority if the first application 
has been withdrawn upon filing of the later application, or if the first application was 
shelved or refused before it became available to the public, and on condition that no rights 
or priority are based on it. If priority has been obtained on the basis of such a later 
application, a claim for priority based on the first application may no longer be entered. 
The provisions of paragraph 2 shall apply to applications whose effective date has 
been postponed. 
Section 13 
It is possible to claim priority for part of an application. A claim of priority for one 
and the same application may be based on more than one application even though they 
relate to different countries. 
A patent claim shall contain: 
1) the name of the invention Patent claims 
Section 14 
2) a statement of the art in relation to which the invention constitutes something new (the 
state of the art), if such information is necessary, and 
3) a statement of the novel and characteristic features of the invention. A patent claim 
may only relate to one invention. 
The invention shall, if possible, be referred to one of the following categories: 
product, apparatus (equipment), process or use. 
Nothing may appear in the patent claim which is irrelevant to the invention as it is 
described in the claim or which is immaterial to the exclusive right applied for, IP/N/1/ISLlP/2 
Page 8 
Section 15 
A patent application may contain several patent claims. If several claims are made in 
the same application they shall be numbered and ordered consecutively. 
A patent claim may be independent or dependent. A patent claim is considered 
dependent if it concerns the embodiment of an invention which is described in another 
claim and entails all features of that claim. Other patent claims are independent. 
Several dependent claims may be attached to a patent claim. A dependent claim may 
be attached to one or more preceding claims. In such cases, in the preamble to the claim. 
reference shall be made to the claims concerned and then other characteristic features of 
the invention shall be described. 
Section 16 
Several inventions which are included in the same application are considered 
dependent on each other if there is a technical connection between them in the sense that 
one or more of the same or equivalent technical characteristic features are common to all 
of them. The term technical characteristic feature refers to those technical elements in each 
individual invention which are novel in ternlS of the state of the art. 
The issue of whether inventions are dependent on each other shall be resolved without 
regard to whether they are mentioned in other patent claims. 
Description 
Section 17 
The description of an invention shall be limited to subject-matter which provides a 
clear understanding of the invention. Where new or rare terminology is used its meaning 
shall be explained. Only symbols and units of measurement generally accepted in the 
Nordic countries shall be used. 
If a patent application involves a deposit of a culture of micro-organism under 
paragraph 6, section 8 of the Patent Act the application shall, at the date of filing, contain 
all relevant data known to the applicant on the characteristics of the micro-organism. 
Section 17a 
Cultures of micro-organisms under paragraph 6, section 8 of the Patent Act shall be 
deposited with an institution which is an internationally recognized depository under the 
Treaty done at Budapest 28 April 1977 on the International Recognition of the Deposit of 
Micro-Organisms for the Purposes of Patent Procedure (the Budapest Treaty). 
The deposits shall be made in accordance with the provisions of the Budapest Treaty. 
The Patent Authority shall make a list of those institutions which are internationally 
recognized depositories for micro-organisms under the Budapest Treaty. 
Section 17b 
If an applicant has deposited a culture of a micro-organism, he shall, within 16 
months from the date of filing or if priority is claimed, from the priority date, inform the 
Patent Authority in writing of the name of the institution where the deposit has been made 
and which deposit number the institution has allotted the culture. In the case of 
international applications, the World Intellectual Property Organization shall be provided 
with the same information within the same time limit. 
If, prior to the expiry of the time limit referred to in paragraph 1, the applicant 
requests that documents relating to the application be made available to the public earlier 
than is prescribed in paragraphs 1 and 2, section 22 of the Patent Act, he shall provide the IP IN I lIISL/P 12 
Page 9 
inforn1ation referred to in paragraph 1 at the latest at the same time that the request is 
made. If, prior to the expiry of the time limit referred to in paragraph 1. a person making 
an international application requests early publication of the application under Article 
21 (2b) of the Patent Cooperation Treaty, he shall provide the World Intellectual Property 
Organization with the said information at the latest at the same time that the request is 
made. 
If a deposited culture of a micro-organism has been transferred from one international 
depository to another, in accordance with paragraph 1, rule 5 of the Budapest Treaty, the 
applicant shall, as soon as possible and once he has received a receipt for the transfer of 
the culture, inform the Patent Authority of the transfer and of the new number allotted to 
the culture. 
As proof that the information referred to in paragraphs 1 and 3 is correct, the Patent 
Authority may require from the applicant a copy of the receipt which the depository has 
issued regarding the deposit of the culture. 
Section 17c 
A new deposit of a culture of a micro-organism referred to in paragraph 7, section 8 
of the Patent Act shall be in accordance with the provisions of the Budapest Treaty 
regarding new deposits. 
The new deposit shall be made within 3 months from the date on which the depositor 
received notification from the depository that provision of a sample of the deposited 
micro-organism was not possible. If the institution has ceased to be an international 
depository for the type of micro-organism which the deposit involved. or if it no longer 
fulfils conditions laid down for depositories under the Budapest Treaty, and if the 
depositor has not been notified of this within 6 months from date that the World 
Intellectual Property Organization announced this, then the new deposit may be made 
within 9 months from the said announcement. 
The applicant shall, within 4 months from the date on which the new micro-organism 
culture was deposited at another institution, provide the Patent Authority with a copy of 
the receipt of deposit from the new depository. If the time limit referred to in paragraphs 
I and 2, section 17b expires later, the copy of the receipt may be provided within that time 
limit. At the same time that the copy of the receipt is submitted, information shall also be 
provided regarding the application number or the patent to which the culture relates. 
Abstract 
Section 18 
The abstract for an Icelandic patent application shall relate to the description and 
patent claim as they are presented in the basic documents. cf. paragraph I, section 21 and 
paragraph·1, section 24. The abstract shall contain the name of the invention. The abstract 
shall also describe clearly the technical problem which the invention relates to, how, in 
principle, the invention is intended to solve the problem and the main llse of the invention. 
If possible a final version of the abstract shall be submitted before the application is made 
available to the public under paragraph 2, section 22 of the Patent Act. 
If an International Searching Authority has approved the abstract of an international 
application the said abstract shall be used. When this is not the case, the Patent Authority 
shall also detern1ine the format of abstracts for these applications in accordance with 
paragraph I. IP/N/lIISL/P/2 
Page 10 
Amendments to patent applications 
Section 19 
A patent may not be amended in such a way that it contains subject-matter not 
supported in the basic documents, cf. paragraphs 1 or 2, section 21 and paragraph 1. 
section 24. If a patent claim is amended by adding new items, the applicant shall state at 
the same time where in the basic documents the new items have their foundation. 
Once the Patent Authority has given an account of the results of the novelty search 
no new patent claims may be added to the application for inventions which are 
independent of the inventions for which the claim was previously made. 
The results of a novelty search regarding an international patent application may not 
be made public without the permission of the applicant before the expiry of the time limit 
specified in section 53. 
The applicant may therefore only make amendments or add to descriptions or to 
drawings to the extent that such changes are considered necessary under section 8 of the 
Patent Act. Such amendments or additions shall not be made if they result in the patent 
claims including other subject-matter than or more subject-matter than can be derived 
from the basic documentation. 
Section 20 
If amendments are made to patent claims or additional claims added to them a new 
copy of the claims shall be provided, unless otherwise permitted by the Patent Authority 
in individual cases. The new copy shall comprise all the maintained claims in consecutive 
order. 
Section 21 
The basic documents for an Icelandic patent application or for a patent application to 
be processed according to section 38 of the Patent Act shall be held to consist of drawings 
and claims filed in Icelandic, Danish, Norwegian or Swedish on the filing date, or on the 
date on which the application was deemed to be filed, cf. section 14 of the Patent Act. If 
these documents are not available within the aforesaid time limit, the description, 
accompanied by relevant drawings and claims submitted later in an Icelandic translation, 
shall be considered basic documents to the extent that the contents of the application were 
clear in those documents which were presented on the filing date. 
The basic documents for an international patent application which has been proceeded 
with under section 31 of the Patent Act shall be held to be a translation of the description, 
drawings and claims which are filed in accordance with this section with those 
amendments made to the translation within the time limit provided for under section 53. 
If an international patent application is filed in Icelandic with the receiving authority, 
copies of the description, drawings and claims filed under section 31 shall be held to be 
basic documents, together with those amendments done before the expiry of the time limit 
specified in section 53. If an applicant consents to an international application being 
processed within the time limit specified in section 53, cf. section 34 of the Patent Act, 
and a ruling is made to lay the application open to public inspection or to refuse it, then 
the description, drawings and patent claims for the said application, together with the 
documents which were available when the ruling was made shall be held to be basic 
documents. 
If, upon filing, a patent application includes a statement to the effect that an 
application regarding the same invention has been filed in another state and its number and IP/N/1/ISLlPI2 
Page 11 
filing date are specified, a subsequently filed certified copy of that application shall be 
held to have been filed on the date of the filing in Iceland. 
Division and excision 
Section 22 
If several inventions are described in the basic documents, the applicant may divide 
the application into several applications. If the applicant so requests. a new application 
regarding an invention based on the original application (the parent application) shall be 
held to have been filed at the same time as the parent application. In the case of such 
division the new application shall not relate to other subject-matter than, under paragraph 
2, section 19 of the Patent Act, could have been included in the parent application at the 
time that the new application was filed. 
If division of an application is necessary because it relates to two or more independent 
inventions the new application shall be considered to have been filed at the same time as 
the parent application if it is filed within 4 months after the corresponding restriction was 
made to the parent application. 
Section 23 
If an invention which has no basis in the basic documents is disclosed by an addition 
to a description or patent claims or in any other way, the applicant may ask that a new 
application relating to the invention which has been excised from the original application 
(parent application) be held to have been filed at the same time as the documents 
disclosing the invention were submitted to the Patent Authority. 
Such excision shall only be carried out in accordance with paragraph 2, section 19 of 
the Patent Act and on condition that the new application only applies for a patent for the 
subject-matter disclosed in the documents of the parent application as it appeared in the 
relevant documents upon filing. 
Section 24 
In the event of division and excision, the description, with accompanying drawings 
and patent claims filed with a new application shall be considered to be basic documents. 
A new application shall only be considered to have resulted from division or excision 
if this is made clear when the application is filed. The original application shall be 
identified in applications resulting from division or excision. 
Publication of patent applications 
Section 25 
When a patent application is made available to the public under section 22 of the 
Patent Act prior to being laid open for public inspection, the abstract shall be printed as 
soon as its final wording has been determined. The Patent Authority may also have printed 
with the abstract other parts of the application. Copies of these printed documents shall be 
available from the Patent Authority for a specified fee. 
The advertisement which shall be published when the application is made available 
to the public shall include the application number and international category, filing date, 
effective date if this is different from the filing date, the title of the invention and the 
inventor's and applicant's name and address. If priority is claimed the advertisement shall 
state where the application on which priority is based was filed, as well as the filing date 
and number of the said application. If the application includes a deposit of a culture of 
a micro-organism, this shall be stated in the advertisement. If the applicant has requested IP IN I lIISLlP 12 
Page 12 
that, in accordance with paragraph 7, section 22 of the Patent Act, a sample shall be 
provided only to an expert in the art, this shall also be stated in the advertisement. 
If a translation of the description and claims relating an international application has 
been amended before the expiry of the time limit referred to in section 53 and after the 
application has been made available to the public, this fact shall also be advertised. 
Section 25a 
A request for furnishing of a sample of a deposited micro-organism under paragraph 
8, section 22 of the Patent Act shall be drawn up in accordance with rule 11 of the 
Regulations under the Budapest Treaty. 
If a request is made, cf. paragraph 1, before a final decision has been made on the 
application to which the deposited culture relates, the person requesting the sample shall 
undertake to use the sample solely for research until a final decision has been made on the 
application. The aforesaid person shall also undertake not to allow any other person access 
to the sample before a final decision has been taken on the application or, if a patent is 
granted, not before that patent has ceased to have effect. 
If the request referred to under paragraph 1 is made for a sample of a deposited 
culture of a micro-organism which relates to a patent, the person who makes the request 
shall undertake vis-a.-vis the proprietor of the patent to allow no one else access to the 
sample until the patent ceases to have effect. 
The person requesting the sample shall make the same undertakings in regard to 
cultures which are derived from the samples and which still exhibit those characteristics 
important for the use of the invention. 
A request shall be accompanied by a written declaration that the person requesting the 
samples undertakes to fulfil the obligations referred to above. 
Section 25b 
A request under paragraph 7, section 22 of the Patent Act to the effect that samples 
shall be furnished only to experts in the art, shall be submitted to the Patent Authority no 
later than thc date on which the application is made available to the public under section 
22 of the Act. 
The Patent Authority shall maintain a list of those individuals who, in the opinion of 
the Patent Authority, are experts in the art and who have expressed themselves willing to 
receive samples. In accordance with section 44, the names of individuals entered on the 
list shall be advertised. 
If a sample may only be furnished to an expert in the art, as described in paragraph 
1, the request shall state the name of the expert who is to undertake the commission. The 
request shall be accompanied by a statement from the expert in which he accepts his 
obiigations vis-a.-vis the applicant to the extent described in paragraphs 2 and 4, section 
25a. In such cases the person who makes the request is not required to make a declaration 
himself. 
Any person entered on the list or any person approved by the applicant in the 
particular case may be used as an expert. 
Section 25c 
Notwithstanding any declaration made under sections 25a and b, in the case of a new 
patent application a culture of a micro-organism which has been derived from a furnished 
sample may be deposited if it is required for that application. Section 25d IP/N/1/ISL/P/2 
Page 13 
If a request for a sample has been made, and there is nothing to prevent it being 
granted according to the Patent Act or this Regulation, the Patent Authority shall issue a 
certificate to that effect. The Patent Authority shall send the request and the certificate for 
furnishing of the sample to the institution where the culture is deposited. At the same time 
the Patent Authority shall send the applicant or the proprietor of the patent copies of the 
request and the certificate. 
If, in the opinion of the Patent Authority, the certificate referred to in paragraph 1 
cannot be issued, the Patent Authority shall notify the person who has requested the 
sample of this fact. The said person may appeal this decision to the Committee of Appeal 
within two months from notification by the Patent Authority. Rulings on this subject given 
by the Committee of Appeal shall not be appealed before the courts. 
Processing of patent applications 
Section 26 
In examining whether conditions are satisfied for granting a patent under section 2 of 
the Patent Act, the Patent Authority shall take into account everything that comes to its 
attention. 
Novelty searches shall be carried out on the basis of patents, patent applications which 
have been laid open to public inspection or published patent applications from Iceland, 
Denmark, Sweden, Finland, Norway, Germany (formerly West Germany), the former 
German Reich, Great Britain, France, the United States of America, and the European 
Patent Office, or abstracts thereof, published international applications or abstracts thereof 
and Icelandic patent applications which have been made available to the public. The 
search shall also be based on other available documents where this is considered 
necessary. 
The Patent Authority may lay down specific instructions regarding the search. Under 
special circumstances such instructions may differ from the provisions of paragraph 2. 
Section 27 
The Patent Office may under section 69 of the Patent Act come to an agreement with 
a foreign patent institution for assistance with novelty search and examination of patent 
applications. 
The Patent Office may also consult external experts if this is considered necessary in 
order to come to a decision on a patent application. 
Section 28 
The Patent Office may require that an applicant submit a model, sample, or the like 
or that he carry out research or experiments, if this is considered necessary in order to 
come to a decision on a patent application. 
Section 29 
An applicant who has applied for a patent abroad at the same time as making an 
application in Iceland shall, within the limitations specified in subsection 2, paragraph 3, 
section 69 of the Patent Act, be obliged, if the Patent Authority so requires, to pass on 
information which the foreign institution has provided regarding novelty or patentability 
of the application in other respects. If the Patent Authority so requests, the applicant shall 
be obliged to declare at which patent institution he has applied for a patent for the 
invention and shall submit a copy or transcript of all communications that he has received IP/N/lIISL/P/2 
Page 14 
in relation to novelty or the patentability of the invention in other respects and of the 
correspondence with the relevant patent institution or he shall make a declaration that he 
has received no such communications. 
If the examination of an application is carried out by a foreign patent authority in 
accordance with the provisions of paragraph 3, section 69 of the Patent Act, the Patent 
Office may, on the basis of an agreement with the said patent authority regarding exchange 
of information on patentability, postpone discussion of an application which corresponds 
to an application that has been filed earlier at the said foreign patent authority, until the 
said application has been processed according to the terms of the agreement. 
Documents relating to the application and which have not been made available to the 
public may be furnished by the Patent Office to the foreign patent authority with which 
an agreement has been reached under the provisions in the ·above paragraphs, provided that 
the said patent authority has undertaken not to make them available to the public. 
Section 30 
Specific rules regarding time limits and extensions of time limits relating to the 
processing of patent applications shall be set by the Patent Authority. Postponement of the 
laying open of an application to public inspection shall only be granted, however, if a 
decision on laying open to public inspection has been taken before the application is made 
available to the public in accordance with paragraphs 2 and 3, section 22 of the Patent Act. 
Upon request from the applicant, a postponement may then be granted for laying open of 
an application to public inspection until the application is made available to the public in 
accordance with the aforesaid provisions. 
Laying open of patent applications to public inspection 
Section 31 
Printing of the description, drawings, patent claims and abstract under section 21 of 
the Patent Act (specification of the accepted patent application) shall be effected by the 
Patent Authority as soon as possible after the application has been accepted for laying 
open to public inspection. The specification of the accepted patent application shal1 
indicate the date of publication and the following information: 
1) the number and international classification categories of the application 
2) the name and address of the applicant 
3) if the applicant is represented by an agent, the agent's name and address 
4) the name and address of the inventor 
5) whether the application is Icelandic or international 
6) if the application is Icelandic, the filing date and the effective date of application if 
this is different from the filing date 
7) if the application is international, the international filing date and the date on which 
the application was proceeded with under section 31 of the Patent Act, or the date on 
which the application is deemed to have been filed under section 38 of the Act 
8) information regarding priority and information on where the application on which 
priority is based was filed, together with the filing date and number of the said 
application 
9) in the case of an international application, the international application number 
10) the number of the parent application, if the application results from division or 
excision 
11) whether the application includes the deposit of a culture of a micro-organism 
12) cited documents. Section 32 IP/N/lIISLlP/2 
Page 15 
The advertisement for the laying open to public inspection under section 21 of the 
Patent Act shall contain the name of the invention together with information indicated in 
the specification of the accepted patent application under section 31, with the exception 
of the cited documents. 
Section 33 
Oppositions filed against patent applications and subsequent correspondence from 
opponents and applicants concerning oppositions shall be filed in a number of copies 
determined by the Patent Authority. 
Oppositions shall be accompanied by reasoned arguments. 
Section 34 
If the opponent is represented by an agent, a power of attorney for the agent shall be 
filed. 
Section 35 
The applicant shall be sent one copy of all documents submitted by the opponent. 
If the applicant files a response to the opposition the Patent Authority shall decide 
whether further correspondence between the parties is necessary. 
Section 36 
If, during processing of a patent application but outside the period prescribed for the 
filing of oppositions, the Patent Authority receives information in writing relevant to the 
evaluation of the application, the applicant shall be notified of this fact. A person who has 
provided such information prior to an application being laid open to public inspection shall 
be notified that an opposition to the application may be filed if the application is laid open 
to public inspection. This shall not apply however, if the information is in regard to a 
better title to the invention. 
Specific instructions regarding patent applications 
Section 37 
The Patent Authority shall issue specific instructions for the processing of patent 
applications. 
Register of patents etc. 
Section 38 
The Patent Authority shall maintain a Register of Patents granted. When a final 
decision has been made on the granting of a patent this shall be entered in the Register. 
Section 39 
The Register of Patents shall contain the following information: 
1) the number of the patent application and the registration number of the patent and its 
international classification categories 
2) the name and address of the proprietor of the patent 
3) if the proprietor is represented by an agent, the agent's name and address 
4) the name and address of the inventor 
5) a) if the patent is granted on the basis of an Icelandic application, the filing date of IP/N/lIISL/P/2 
Page 16 
the application, and the date from which patent protection is effective (effective date). 
if this is a not the same as the filing date 
b) the international filing date of the application, if the patent is granted on the basis 
of an international application, or the date on which the application is considered 
to have been filed under paragraph 3, section 38 of the Patent Act 
c) the date on which documents relating to the application were made available to 
the public 
d) the date on which the laying open of the patent to public inspection was advertised 
in accordance with section 21 of the Patent Act and 
e) the date on which the patent was granted. 
6) if priority is claimed, information on where the application on which priority is based 
was filed, together with the filing date and number of that application 
7) in the case of a patent granted on the basis of an international patent application, the 
international application number 
8) the name of the invention 
9) if the patent includes the deposit of a culture of a micro-organism, the name of the 
institution with which the culture has been deposited and the number allotted to the 
culture. 
Section 40 
The advertisement of the granting of a patent under section 26 of the Patent Act shall 
indicate the name of the proprietor of the patent, the number of the application and patent 
and the international classification categories, the name of the invention and the date of 
laying open to public inspection. 
Section 41 
When renewal fees have been paid, or a deferment of payment has been granted, an 
entry to this effect shall be recorded in the Register of Patents or other special register of 
payments of renewal fees. 
When a patent has lapsed under section 51 of the Patent Act, the date from which the 
patent is deemed to have lapsed shall be entered in the Register of Patents. 
If a written request under section 72 of the Patent Act is made to the effect that 
renewal fees be deemed paid at the right time, this shall be entered in the Register of 
Patents. The result of such a request shall also be recorded in the Register. 
Section 42 
If notification is made under paragraph 1, section 63 of the Patent Act that 
proceedings have been instituted for the revocation of a patent, for the transfer of a patent 
or for a compulsory licence, an entry shall be made to this effect in the Register of Patents. 
When the Patent Authority has received a transcript of a court decision in accordance 
with section 65 of the Patent Act, an entry to this effect shall be made in the Register of 
Patents. The main conclusions of the decision shall be entered in the Register of Patents. 
If a decision has been made to the effect that a patent has lapsed under section 54 of 
the Patent Act, an entry to this effect shall be made in the Register of Patents. 
Section 43 
An entry regarding the transfer of a patent or of the granting of a licence under section 
44 of the Patent Act shall contain the name and address of the holder of the right in 
question, from what date he acquired the said right and the date on which the transfer of IP/N/1/ISL/P/2 
Page 17 
the patent took place or the licence was granted. If so requested, any limitations on the 
right of the proprietor of the patent to grant further licences shall be entered in the Register 
of Patents. If it is not possible to take an immediate decision on the filing of the transfer 
of a patent or the granting of a licence, an entry shall be made in the Register of Patents 
that such a request has been submitted. 
A notification of a change of agent or of name or address of the proprietor of the 
patent shall be entered in the Register of Patents. 
If the Patent Authority receives notification that a deposited culture of a micro­
organism has been transferred, cf. paragraph 3, section 17b, or the Patent Authority has 
received a copy of a certificate from the new depository, cf. paragraph 3, section 17c, an 
entry regarding the transfer or the new deposit shall be made in the Register of Patents. 
Advertisements of the Patent Authority 
Section 44 
Advertisements shall appear in a special publication published by the Patent 
Authority. 
Receiving of international applications 
Section 45 
The Patent Office receives international patent applications from applicants who are 
Icelandic nationals, or who are resident in Iceland, or who have a commercial 
establishment in Iceland or who are considered legal entities in Iceland. 
The above applies if several applicants file a joint international application and at least 
one of the applicants fulfils the conditions in paragraph 1. 
Section 46 
As a recelVlng authority the Patent Office shall receive, check and transmit 
international patent applications in accordance with the Patent Cooperation Treaty and its 
Regulations. 
The applicant shall pay the Patent Authority, in its capacity as receiving authority, the 
following fees in accordance with the Regulations of the Patent Cooperation Treaty: 
1) the basic fee as referred to in Rule 15(1) of the aforesaid Regulations, within a month 
from receipt of the application 
2) a designation fee as referred to in Rule 15(1) in the aforesaid Regulations, within a 
year from the international filing date, or from the priority date, if priority is claimed, 
provided always that in the latter case the fee may be paid within a month from the 
receipt of the application 
3) novelty search fee as referred to in Rule 16(1) of the aforesaid Regulations, within one 
month from receipt of the application. 
4) a fee for the Patent Authority's processing of the application, in its capacity as 
receiving authority, as referred to in Rule 14 of the aforesaid Regulations, within one 
month of receipt of the application 
5) a fee for the publication and transfer of the priority documents in accordance with 
Rule 17(1)(b) of the aforesaid Regulation, within the time limit specified in Rule 
17(1)(a) of the same Regulations. 
If the fees referred to in subsections 1-4, paragraph 2 are not paid in full in due time 
or by the date of deferment granted, the provisions of Rule 16 bis. of the Regulations 
accompanying the Patent Cooperation Treaty shall apply. IP/N/1/ISLlP/2 
Page 18 
Section 47 
International patent applications filed with the Patent Authority in this country shall 
be submitted in one copy. Applications shall be in Icelandic, Danish, Swedish, Norwegian 
or English. Information on the application form may be in English although other 
documents are in one of the other above named languages. 
Section 48 
A separate record shall be kept of international applications which are filed with the 
Patent Authority. The record shall not be open to the public. 
Section 49 
An applicant who is not resident in Iceland shall appoint an agent who is resident here 
and who is able to represent the said applicant before the Patent Authority in matters 
concerning the application. 
Section 50 
The Patent Authority shall in accordance with the Patent Cooperation Treaty and its 
Regulations send international patent applications to the World Intellectual Property 
Organization. 
Proceeding with international patent applications etc. 
Section 51 
When an international application is proceeded with in accordance with section 31 of 
the Patent Act, the applicant's name, the international application number, the filing date 
and, where appropriate, the priority date shall be indicated. The place where the 
international application was filed shall also be indicated. 
Section 52 
If an international application is not in Icelandic a translation shall be filed at the same 
time as the application is proceeded with in accordance with section 31 of the Patent Act, 
or when a request is received for review of a decision under paragraph 1, section 38 of 
the Act. The provisions of paragraph 2, section 3 shall also apply. 
The Patent Authority may lay down rules for the limitation of the obligation to file 
a translation where only a part of an international application is proceeded with in this 
country. 
Section 53 
The time limit referred to in section 34 of the Patent Act shall expire 4 months after 
the expiry of the time limit referred to in paragraph 1, section 31 of the Act. 
If, however, an applicant makes a declaration under paragraph 2, section 31 of the 
Patent Act within 19 months from the international filing date, or from the priority date 
where priority has been claimed, the time limit referred to in section 34 shall expire at the 
same time as the time limit for proceeding with the application referred to in paragraph 
2, section 31 of the Act. 
Section 54 
If an applicant for an international application has fulfilled all the conditions laid 
down in the provisions of section 31 of the Patent Act but the Patent Authority has not 
received notification from the World Intellectual Property Organization of the receipt of IP/N/lIISL/P/2 
Page 19 
the application, the Patent Authority shall notify the World Intellectual Property 
Organization thereof. 
Section 55 
Notifications as referred to under paragraphs I or 3, sections 36 or 37 of the Patent 
Act shall be sent to the applicant by registered mail. 
Section 56 
The time limit in which a review of a decision may be requested under paragraph 2, 
section 38 of the Patent Act shall expire 2 months after the receiving authority or the 
World Intellectual Property Organization has notified the applicant of the decision referred 
to in paragraph 1, section 38 of the Act. 
If the applicant is able to prove that more than 7 days have elapsed from the date on 
which the decision referred to in paragraph 1 was taken until he received notification, the 
time limit shall be extended by the number of days between the seventh day after the date 
on which the decision was made to the date on which the applicant received notification 
to this effect. 
Spare parts and accessories for aircraft 
Section 57 
Notwithstanding a granted patent, spare parts and accessories for aircraft may be 
imported into this country for repairs on aircraft from other states which are members of 
the Convention of 7 December 1944 on International Civil Aviation (Chicago Convention, 
cf. Declaration no.45/1947). The above is conditional on the state concerned being a 
member of the Paris Convention or having patent legislation which recognizes inventions 
of the citizens of other states, on it being a signatory to the above mentioned Convention 
on Intcrnational Civil Aviation, and on its having legislation which protects this type of 
invention and which is consistent with the Paris Convention. 
Entry into force 
Section 58 
These Regulations are instituted according to Act no. 17 of 20 March 1991 and shall 
enter into force 1 January 1992. 
Provisions regarding examination of international patent applications under the Patent 
Cooperation Treaty shall enter into force when Iceland ratifies the Treaty. 
Regulation no. 59/1966, with subsequent amendments, shall apply to applications 
which are filed prior to the entry into force of Act no. 17/1991 subject to any exceptions 
attendant on section 78 of the said Act. 
As regards access, laying open to public inspection and oppositions to applications, 
to which the exception clauses in section 78 apply, cf. section 79 of the Patent Act, 
sections 25 and 31-36 of this Regulation shall apply in these matters mutatis mutandis. 
Transitional provisions 
1 
The provisions of section 3 regarding translation of descriptions, patent claims and 
abstracts of patent applications shall entcr into effect as follows: 
a) In applications which are filed during the period 1 January 1992 to 1 January 1996 
the description, patent claims and abstract may be in Icelandic, Danish, Norwegian, 
Swedish or English, cf. however, subsections (b) and (c). If, however, these IP/NIlIISL/P/2 
Page 20 
documents are not submitted in Icelandic the Patent Office may require a translation. 
if circumstances warrant. 
b) In applications which are filed in a foreign language after 1 January 1993, the abstract 
and patent claims shall be submitted in an Icelandic translation before the application 
is laid open for public inspection. 
c) The provisions of subsection (b) shall also apply to descriptions in applications which 
are filed after 1 January 1994. 
The provisions of section 3 shall enter fully into force for applications which are filed 
after 1 January 1996. 
2 
The provisions of paragraph 1, section 21 regarding the definition of basic documents 
shall apply to applications which are filed during the period 1 January 1992 to 1 January 
1996, notwithstanding that the description, together with accompanying drawings and 
patent claims are in English, cf. subsection (a), transitional provision 1 above. 
The provisions of paragraph 1, section 21 enter fully into force for applications which 
are filed after 1 January 1996. 
The Ministry of Industry, 2 December 1991. 
On behalf of the Minister 
Bjorn Fri()finnsson. 
Helga Jona Benediktsd6ttir ICELAND 
ADVERTISEMENT OF 
INSTRUCTIONS 
concerning patent applications 
Official Icelandic Title: IP/N/lIISLlP/2 
Page 21 
Auglysing um reglur varoandi einkaleyfisums6knir 
instituted by the Ministry of Industry 
in accordance with Regulation no. 574/1991 
concerning Patent Applications, etc. 
Special issue 
Translation from The Icelandic 
Law and Ministerial Gazette 
El N KALEYFASTOFAN 
Lindargotu 9 150 Reykjavik Iceland IP/N/1/ISLlP/2 
Page 22 
Contents: 
Part/section no. Title 
PART I General instructions 
1-3 
PART 11 
4-4a 
5-9 
10-20 
21-22 
23-25 
26-28 
29 
30-32 
33-36 
37 
38-41 
PART III 
42-45 
46-50 
47 
48 
49-50 
51-57 
51-52 
53-55 
56-57 
58-65 
58-64 
65 The patent application 
The application and accompanying documents ................... . 
The description ...................................................................... . 
Patent claims .. '" ..................................................................... . 
The abstract (paragraph 3, section 8 P A and 
section 18, RCPA) ................................................................ . 
Drawings ................................................................................ . 
Specific provisions concerning the description, 
claims and abstract (section 4, RCPA) and 
accompanying documents ..................................................... . 
Models etc ............................................................................. . 
Authorisation of representatives .......................................... .. 
Priority claim and its implications ....................................... . 
International novelty search .................................................. . 
Translation of documents accompanying 
the patent application (sections 3 and 52 RCPA) ............... . 
The processing of patent applications 
Errors subject to immediate rectification ............................. . 
Unity of an invention ............................................................ . 
Inventions based on a single type of claim ..................... . 
Inventions based on several types of claim .................... . 
The processing of applications in relation to 
unity of invention .............................................................. . 
Amendments to an application ............................................. . 
Patent claims (section 19 RCPA) ..................................... . 
The description ................... , .............................................. . 
Postponement of the effective date .................................. . 
Division and excision ............................................................ . 
General ............................................................................... . 
Authorisations regarding division or excision ................. . 3 
3 
3 
5 
6 
7 
8 
8 
8 
9 
9 
10 
11 
11 
11 
12 
12 
13 
13 
13 
14 
14 
14 
15 66-67 
68-82 
69 
70 
71-73 
74-75 
76-77 
78 
79-82 
83-87 
83 
84-87 
88-90 
91-97 
98 
99-103 
104 IP/N/1/ISLlP/2 
Page 23 
General accessibility of applications .. .......... ............... ...... .... 15 
Substantive processing of an application.. ............... ......... .... 16 
Infonnation on the results of the examination of an 
invention's patentability in another country..................... 16 
Unclear applications ........................................................... 16 
Novelty search .................................................................... 16 
Novelty search with reference to earlier applications 
which have not been made available to the public ......... 17 
Priority ................ .................................. ................... ...... ..... 17 
Examination of description prior to the application 
being approved for laying open to public inspection. ..... 18 
Classification ........................ .............................................. 18 
References to sources....... ...................................................... 19 
Reports ................................................................................ 19 
Record of documents cited.. .............................................. 20 
Laying open of the application to public inspection ........... 21 
Oppositions... .......................................................................... 22 
Observation by a third party against the granting 
of a patent application ...... .................. .... ....................... ........ 23 
Time limits ............................................................................. 23 
Entry into force...................................................................... 24 
Appendix I Execution of novelty searches 
1-4 ................................................................................................ 24 
Appendix 11 Temporary provisions regarding the processing of patent 
applications relating to phannaceuticals .............................. . 
1-8 25 
Abbreviations: 
The Patent Office uses the following abbreviations for current law and regulations in the 
field of patents: 
PA 
RCPA 
AICP = Patent Act no. 17/1991 
= Regulation Concerning Patent Applications, etc., no. 574/1991 
= Advertisement of Instructions Concerning Patent 
Applications, no. 575/1991 IP/N/1/ISL/P/2 
Page 24 
The Icelandic Law and Ministerial Ga::ette B, no. 575/1991 
Advertisement 
of instructions concerning patent applications 
PART I 
General instructions 
Section 1 
The provIsIOns of paragraph 3, section 1 of the Regulation concerning patent 
applications (RCPA) regarding the range of application of the said Regulation shall also 
apply to these instructions. 
Section 2 
(No provisions under this section) 
Section 3 
The provisions of section 45-50 RCPA shall apply regarding the operating practices 
of the Patent Office as a receiving authority under the Patent Cooperation Treaty. 
The Swedish Patent Office shall be the international novelty search institution for 
international applications received by the Patent Office. If a request is made for novelty 
search of an international application, a translation in one of the Nordic languages or 
English shall be submitted. 
PART II 
The patent application 
The application and accompanying documents 
Section 4 
Patent applications shall be made on the application form printed for this purpose and 
shall be submitted in duplicate. 
Two copies of the description as well as of the drawings, patent claims and abstract 
shall be submitted. Amendments to these documents shall be submitted in duplicate. 
Applications submitted by telefax or similar equipment shall be endorsed in the 
application form with the signature of the applicant or his representative. 
Section 4a 
If an invention concerns or contains a sequence of 10 or more nucleotides or 
unbranched sequences with 4 or more aminoacids the application shall be accompanied by 
a specification of each sequence (fragment). 
The specifications shall be submitted as an addition to the description and shall be in 
accordance with existing standards and shall appear immediately before the claims. 
The description 
Section 5 
The description shall commence on an unnumbered front page with a short and 
descriptive name of the invention and shall proceed as follows: IP/N/l/ISLlP/2 
Page 25 
I) The general sectioll in which the use of the invention and the state of the art to 
which the invention is related are made known. A report on the state of the art shall be 
supported by references to publications which discuss the art concerned and which the 
applicant is familiar with. In particular the invention's contribution in light of known 
technology and the solution required to achieve the desired results shall be made known. 
The aforesaid discussion shall be consistent with any declarations made in the claims and 
may in this context refer to them. 
If the practical exploitation of the invention in business or industry is not obvious this 
shall be explained in the description. 
2) The special section in which a detailed description is given of the invention and 
in which examples are provided of at least one way of carrying out the invention. with 
reference being made to drawings where appropriate. The invention shall be described 
sufficiently with examples for the claims to be considered adequately founded. 
If reference is made to drawings it shall usually be necessary to publish a list of 
drawings in the introduction of this section of the description. 
Section Sa 
Micro-organisms which are described in a publication available to the public may be 
identified by their category names, and if considered necessary for clarity, by reference to 
the publications in which the systematic analytical process is described. 
Micro-organisms which have not been described before shall be identified 
distinctively in order to avoid confusion with other micro-organisms. 
Micro-organisms shall generally be described in the style used in recognised specialist 
publications in this field. 
In the case of micro-organisms available to the public, information shall be given on 
how a sample of the micro-organisms may be obtained. 
Section 6 
If several independent claims are included in the patent claims, the description shall 
deal with each invention in the independent claims in the manner indicated in section 5. 
Items in dependent claims (execution) for which protection is requested shall also be dealt 
with in the description to the extent considered necessary for assessment of the claim. It 
is sufficient that such discussion appear in the special section of the description. 
Section 7 
Invented names shall not be used. 
Trademarks may be used in exceptional circumstances where it is difficult to 
differentiate a related product with a recognized name. In such cases the fact that the term 
used is a trademark shall be indicated. If the trademark is registered in Iceland this shall 
be indicated, where possible, with the symbol ® The design and features of the product 
shall always be clearly described. 
Section 8 
The description and drawings shall be kept apart on separate sheets of paper. Tables 
and chemical or mathematical formulre may appear in the description. 
Section 9 
Where reference is made to published data the instructions under section 83 shall 
apply. IP/N/1/ISL/P/2 
Page 26 
Patent claims 
Section 10 
A patent claim shall include an introduction in which the items detailed in subsections 
and 2, paragraph 1, section 14 RCPA appear, followed by a characterising section in 
which items detailed in subsection 3 of the aforesaid section appear. The characterising 
section shall begin with the words "characterised by" or other comparable expression. 
Other formats for the patent claims may be permitted in special circumstances, e.g. 
in the case of use claims. 
Section 11 
Details shall be given in each patent claim of the technical characteristic features 
which are necessary to achieve the intended results. 
Section 12 
A product shall usually be identified by a description of its compositIOn, and an 
apparatus or machine by a description of the design features of each component. An 
invention may further be distinguished by describing the function of individual 
components if it is not easily possible to describe the invention effectively in any other 
way. Products, particularly in the field of chemistry, may, in the case of serious problems 
of definition, be distinguished by describing the production process ("product-by­
process") and if necessary by stating other characteristic features of the product. 
Section 12a 
Micro-organisms which have previously been described shall be identified by their 
category names. 
Micro-organisms which have not previously been described may be identified in the 
description by direct or indirect reference, preferably in the form of category names, to the 
section of the description which deals with their biological features. 
Section 13 
When a patent application is made for substances or compounds of substances which 
are considered known as individual substances, and appeal is made to the fact that such 
a substance or compound of substances is used for the first time in the processes referred 
to in paragraph 3, section 1 of the Patent Act, the use shall be explained in the patent 
claims. 
Section 14 
A process shall be identified by describing its prerequisites (e.g. preparations, 
equipment, etc.) and its full cycle. (See Appendix Il for more detail regarding patent 
applications relating to pharmaceuticals.) 
Section 15 
In claims relating to use, specific information shall be provided regarding the 
particular purpose for which the product, substance, equipment etc. or relevant process is 
used. If necessary, more specific information shall be provided regarding the product or 
process. 
Section 16 
Several independent claims, unrelated to each other, e.g. a claim relating to a product IP/N/1/ISL/P/2 
Page 27 
or a claim relating to a process, may be presented in the same application, notwithstanding 
that the inventions are explained, according to the presentation of the claims, with 
descriptions which are comparable in technical respects. 
Section 17 
Several independent claims of the same type (which relate to the same claim class) 
shall only be presented, if there are obvious problems in providing a precise enough 
description of the inventions, e.g with different examples, if they were combined in the 
same patent claim. An invention of the type "sender-receiver" may also be explained in 
separate independent patent claims. 
Section 18 
An independent claim may be presented parallel to another independent claim. This 
shall apply in cases where an application contains independent claims which are related 
to each other in the manner referred to under section 48. A parallel and independent patent 
claim shall include a complete description of the invention in question. A parallel and 
independent patent claim may be linked to another claim. Dependent claims shall be 
placed immediately following those independent claims to which, directly or by linkage 
to other dependent claims, they refer. 
Section 19 
Dependent claims shall not deal solely with self-evident or simple and obvious 
solutions regarding design or process technology. An inventory which merely lists 
examples of obvious items shall not be permitted in the patent claims. 
Section 20 
In the introduction and characterising section of a patent claim cross-reference shall 
be made to drawings (cross-reference symbol in brackets). However, notwithstanding the 
cross-references, the claim shall contain a clear explanation of the subject-matter for which 
protection is requested. Generalised comments such as "as has been described" or "as 
shown in the drawing" shall not be used in patent claims. In exceptional circumstances 
reference may be made directly to a graph or similar information presented in a draw­
mg. 
Trademarks shaH usually not appear in patent claims. 
The abstract 
(paragraph 3, section 8 PA and section 18, RCPA) 
Section 21 
Abstracts shall be produced in such a way as to be of optimum assistance for novelty 
search in the technical field in question. 
The abstract shall contain a short overview of the contents of the description, patent 
claims and drawings. The abstract shall state the technical field to which the invention 
relates. An abstract shall be worded in such a way that the following are easily understood: 
the technical problem the invention relates to, the fundamental features of the solution 
which the invention entails and in particular the main use of the invention. The abstract 
shall, where appropriate, contain the chemical formula which, among those contained in 
the application, best characterises the invention. The abstract shall not discuss the potential 
advantages of the invention nor make claims as to its value or potential for scientific 
use. IP/N/I/ISL/P/2 
Page 28 
The abstract shall be intended to aid individuals in deciding whether they need to 
study the application itself or the patent itself. 
The abstract shall not exceed 150 words. 
Section 22 
If drawings accompany the patent application the applicant shall state in the 
application form which drawing he wishes to appear with the abstract. If he fails to do this 
or if the Patent Office deems another drawing to have more explanatory value than the one 
selected by the applicant, the drawing selected by the Patent Office shall be published with 
the abstract. If the Patent Office considers it entirely unnecessary to publish a drawing 
with an abstract, no drawing need be included. Where technical characteristic features are 
explained in the abstract and also appear in the drawing, a cross-reference shall be 
provided in brackets after each main feature. 
Drawings 
Section 23 
Drawings shall be executed on A4 paper. If there are more illustrations than can be 
fitted on one sheet, further sheets shall be used. To aid reprinting or duplication, e.g. offset 
printing, one copy shall be on strong, white, matt, opaque paper or other durable material. 
The area covered by drawings shall not exceed 26.2x 17.0 cm. There shall be no frame or 
boarder around the paper. The minimum margins shall be 2.5 cm top and left, 1.5 cm right, 
and 1.0cm at the bottom. 
Drawings shall not be folded or fixed together. 
Section 24 
The drawing shall include those items which are necessary for the understanding of 
individual parts of the description and these parts shall be identified with the same letters 
of the alphabet or numbers in both the description and the drawing. No reference signs 
other than appear in the description shall be used in the drawing and signs shall not be 
used to a greater extent than is necessary for the clarity of the description. The drawing 
shall not contain explanatory comments, except for brief explanations such as "water", 
"steam", "section A-B" or "closed". In charts or graphs which show a production cycle or 
in diagrams of electrical circuits descriptive symbols shall be used which are immediately 
comprehensible. 
Section 25 
The illustrations and text of the drawings shall be executed in durable, clear black 
lines without colour. 
All cross-sections shall be hatched. All printed symbols (numerals or letters of the 
alphabet) on the drawings shall be clear and printed in an easily readable script. 
Illustrations and printed symbols shall be suitable for offset printing and for reduction in 
size by 15%. In the case of complex illustrations, detail shall not be such that the drawing 
becomes unclear. Illustrations shall be separated from each other by a suitable space. 
Illustrations shall, regardless of the number of pages, be numbered consecutively, or if 
deemed convenient, with letters of the alphabet or both letters and numerals, preferably in 
the same order as the illustrations appear in the drawing. Identical items of the same type 
shall be labelled with the same symbol in all the illustrations. IP/N/1/ISLlP/2 
Page 29 
Specific provisions concerning the description, claims and abstract 
(section 4, RCPA) and accompanying documents 
Section 26 
The description, claims and abstract shall be submitted in black print on strong, 
opaque, white A4 paper suitable for offset printing with 15% reduction. The text shall 
have line spacing of 11/2 , a 2.5-4 cm left margin and 2-4 cm top margin. The text shall 
be justified with a right margin of 2-3 cm. There shall be a similar space at the bottom 
of the page. Only one side of the paper shaH be printed. The text shall have a uniform 
appearance and individual characters shall be clear and distinct. Hand-written symbols or 
formulre shall be in black. 
The expression "c h a r act er is e d by" or other comparable expressions shall be 
printed as shown (with spaced type). 
Pages for the description, claims and abstract shall be numbered consecutively with 
Arabic numerals. Page numbers shall be centred at least 2 cm from the upper edge of the 
page without full points or dashes before or after. Every fifth line of the description and 
claims shall be numbered at least 2.5 cm from the left edge. The patent claims may be 
printed on a separate sheet. The abstract shall be printed on a separate sheet. 
If amendments are made to a particular copy of the description which is intended for 
laying open for public inspection the said amendments shall be executed in such a way 
(e.g. by pasting over or erasing text) that they are not visible in the offset printed version. 
Section 27 
All units of measurement shall be metric (SI) or, where measurements are provided 
in other units the SI equivalent shall be given in addition. Temperature shall be indicated 
in degrees Celsius or, if appropriate, in degrees Kelvin. Density (specific gravity) shall 
also be indicated in metric units. International norms shall be adhered to when indicating 
mathematical formulre and units for the measurement of electricity, heat, energy, sound. 
light and magnetism. In the field of chemistry generally recognised symbols shall be used 
for atomic weight, molecular and/or structural formulre. In other respects, only technical 
terminology, signs and symbols which are generally used in the field in question shall be 
employed. 
Section 28 
Letters to the Patent Office shall be executed on white paper of a size not larger than 
A4. The application number shall preferably be indicated on the first page of the letter. 
Models etc. 
Section 29 
Models and any samples shall only be submitted if such is considered essential for the 
understanding of the description. Accompanying items of this sort shall usually not be 
returned. 
Authorisation of representatives 
Section 30 
If an applicant is not resident in this country he shall be obliged to appoint a 
representative who is resident in Iceland and who is able to represent him in all matters 
related to the application. 
An applicant who is resident in this country may appoint a representative. IP IN 11 IISL/P 12 
Page 30 
Section 31 
A representative shall be granted authorisation either through the filing of a special 
document (deed of authorisation) signed by the applicant or by including the authorisation 
in the application fom1 (subsection 2, paragraph 3, section 2 RCPA). The deed of 
authorisation shall contain information on the name, home and postal address of the 
applicant and of the person to whom authorisation is granted, as well as the name of the 
invention and/or the application number. 
Where general authorisation is granted this shall be referred to in every application 
to which it applies. 
Section 32 
If a representative is also empowered to receive a summons or other notifications 
relating to a possible patent, cf. section 66 PA, this shall be stated in the authorisation. 
Priority claim and its implications 
Section 33 
A claim of priority (cf. section 6 PA) which is made after an application has been filed 
shall be made by special request. The request shall be submitted within 3 months after the 
effective date of the application and shall include the information referred to in section la 
RCPA. 
Section 34 
If a certificate and copy as referred to under paragraph 1, section 11 RCPA is filed 
with the Patent Office together with a previously or simultaneously filed patent 
application, and the applicant refers to these documents or requests priority on the basis 
of an application which was filed in this country, the said certificate or copy shall only be 
filed if the Patent Office so requests. 
Section 35 
If an application has a valid claim of priority when the application becomes available 
to the publ ic in accordance with section 22 P A, the content of the said application shall 
be considered known to the extent that the content appears in the priority document (cf. 
paragraph 2, section 2 P A) as of the priority date. 
Section 36 
The withdrawal of a priority claim shall be filed in writing. 
International novelty search 
Section 37 
The requirements of format which apply for international patent applications also 
apply, mutatis mutandis, for patent applications for which an international novelty search 
is requested. 
If a patent application is not in a language recognised by the international institution 
dealing with the novelty search (i.e. the Swedish Patent Office) a translation in Swedish, 
Norwegian, Danish or English shall accompany the claim for an international novelty 
search. IP/N/1/ISLlPI2 
Page 31 
Translation of documents accompanying the patent application 
(sections 3 and 52 RCPA) 
Section 38 
The description, patent claims and abstract of patent applications shall be in Icelandic. 
Other documents may be in Icelandic, Danish, Norwegian, Swedish or English, cl'. 
however section 40. 
If documents in a foreign language are filed with a patent application in order to 
clarify the invention, a description, claims and abstract in Icelandic shall be filed within 
the prescribed time limit. The Icelandic text shall be a certified translation of the foreign 
documents. In lieu of this, the applicant or his representative may, however, make a 
declaration that the Icelandic text corresponds to the foreign documents, on condition that 
the said documents are in Danish, Norwegian, Swedish. English, German or French. 
Section 39 
The translation of the description, patent claims and abstract referred to in section 3 I 
PA shall be certified. 
It shall not be necessary to translate that part of the application which an international 
searching authority deems to relate to another independent invention, except where the 
Patent Authority requests such translation, provided the applicant has not paid additional 
fees for the application to the international authority in question (section 17(3a) PCT). The 
translation may further be limited to that part of the application which has been proceeded 
with after amendment instituted by the International Bureau (section 19(2) PCT). It shall 
not be necessary to translate any part of an international application which is not 
proceeded with after amendment by the International Bureau (Rule 66 PCT) or due to the 
exception provisions in paragraphs 2-4, section 1 PA or paragraph 2, section 75 PA. 
Tf an applicant wishes to avail himself of the opportunity referred to above to except 
a particular part of the application from translation, he shall make a declaration clearly 
detailing which part of the application is excluded in the translation. The declaration shall 
also include a statement of the reasons for exclusion. 
Section 40 
Documents relating to patent applications and filed with the Patent Office (e.g. 
application form, opposition and responses) may be received notwithstanding that they are 
in English, French or German if there are significant reasons and if there is no objection 
from other parties to the case. 
If other documents accompanying a patent application (namely, deed of authorisation, 
document of assignment and priority document) are in English, French, German, Danish. 
Norwegian or Swedish, a translation into Icelandic shall not be required unless considered 
e.ssential in individual cases. If the said documents are in a language other than the 
languages referred to here above, an Icelandic translation shall be filed unless the Patent 
Authority deems it possible to make an exception in this case. 
Section 41 
Translations requested under sections 38-40 shall be certified by the translator or by 
those responsible for the translation, unless the Patent Authority decides in individual 
cases that another form of certification shall be filed. IP/N/I/ISLlP/2 
Page 32 
PART III 
The processing of patent applications 
Errors subject to immediate rectification 
Section 42 
Applicants shall be required by letter (notification of error in format) to rectify the 
following errors: 
1) The signature is missing from the application. 
2) The application fee has not been paid in full. 
3) The special fee for application by telefax has not been paid. 
4) The name(s) of the inventor(s) is not indicated. 
5) The name and address of the representative in this country is not indicated. 
6) In the originally filed accompanying documents, the description, patent claims or 
abstract are missing or they have not been translated into Icelandic; or a drawing 
referred to in the description, patent claims or abstract is missing; or similarly, the 
format or presentation of the aforementioned documents is such that a novelty search 
clearly cannot be commenced. 
Notifications of formal errors are to be communicated as quickly as possible after the 
application has been filed and prior to the application becoming subject to novelty search. 
The notification shall indicate that the application may be shelved or refused if the errors 
are not rectified (paragraph 2, section 15 and section 16 PA). 
If accompanying documents which the applicant has inventoried are missing the said 
applicant shall be notified immediately. The same applies if the applicant has failed to 
provide documentary proof of his title to the invention or in the case of formal errors in 
the deed of transfer. 
Section 43 
If it is clear that the documents which were filed at the start are so deficient that the 
original filing date of the application cannot be maintained, a notification shall be made 
to this effect. In such a case the applicant shall be informed of the possibility of postponing 
the effective date in accordance with section 14 PA. 
Section 44 
Applicants shall be advised to consult specialists if the presentation of the documents 
is such that assistance appears necessary. 
Section 45 
If a communication is received indicating that the application has not been withdrawn 
and, in addition, the errors referred to in paragraph 1, section 42 have not been rectified, 
a decision, on the issue shall be taken as quickly as possible, unless there is considered to 
be reason to send the applicant a new notification. 
Unity of invention 
Section 46 
(No provisions under this section) 
Inventions based on a single type of claim 
Section 47 
In addition to the subject-matter dealt with in an independent claim it is possible in 
a dependent claim (cf. subsection 2, paragraph 2, section 15 Rep A) to bring to attention IP/N/lIISLlP/2 
Page 33 
more specific explanations and emphases designed to increase the technical influence or 
the invention or other further effects related to the invention according to such an 
independent claim. The additional information shall however be in accordance with the 
provisions of section lOP A. In the case of combined inventions only dependent claims 
relating to particular fOlms of the components from which the invention is made shall be 
made if such fOlm is important in order to bring the combination to work. 
Inventions based on several types of claim 
Section 48 
The requirement for unity of inventions under section 16 RCPA shall always be 
considered fulfilled if the application contains the following: 
1) in addition to an independent claim which states a product, an independent claim 
relating to a particular process for production of the product, and an independent 
claim which designates the use of the product, or 
2) in addition to a an independent claim which states a process, an independent claim 
relating to specially developed equipment for the execution of the process, or 
3) in addition to an independent claim which states the product, an independent claim 
relating to a particular process for production of the product and an independent claim 
relating to specially developed equipment for the execution of the process. 
The processing of applications in relation to unity of invention 
Section 49 
If the subject-matter of an application is obviously deficient in the sense that it does 
not fulfil the requirements of unity of invention, the applicant shall wherever possible be 
notified and the application corrected prior to the commencement of the novelty search. 
If the Patent Office issues a notification to the effect that the application, for example. 
covers two inventions, A and B, which are independent of each other, the applicant shall 
not limit his application first to A and later, when it transpires that the said invention is 
already known, change the application so that it applies to B. In addition, an applicant 
shall not, in order to keep such a possibility open, align the application equally with A and 
B. 
When an applicant has limited the claims at the request of the Patent Office 
concerning the unity of the invention, it shall be held that he has once and for all 
withdrawn that invention or those inventions which have been excised from the claims 
through the limitation. 
Section 50 
If no international novelty search or international preliminary examination has been 
carried out on the patentability of part of an international patent application due to the fact 
that the application is deemed to relate to independent inventions, and if the applicant has 
failed within the prescribed time limit to pay the surcharge prescribed in sections 17(3a) 
or 34(3a) of the Patent Cooperation Treaty, the Patent Office shall examine whether the 
application designates inventions which are independent of each other. If such is the case. 
the part of the application which has not been subject to novelty search shall be considered 
withdrawn as far as Iceland is concerned unless the applicant pays the prescribed 
surcharge within 2 months from the time that the authority notified the applicant of the 
conclusion of the examination. If the authority considers that the application does not 
designate inventions which are independent of each other, the application shall be 
proceeded with (section 36 PA). IP/NIlIISL/PI2 
Page 34 
If an applicant requests protection for an independent invention in an international 
patent application, the application shall be divided (section 22 RCPA) and the applicant 
shall pay a new application fee notwithstanding that the surcharge referred to in paragraph 
I has been paid. 
Amendments to an application 
Patent claims (section 19 RCPA) 
Section 51 
Numerical data and other symbols intended to explain the invention substantively may 
only be added to the claims if it is possible to show technically that such have foundation 
in the basic documents. Amendments may, however, be made to claims if such 
amendments regard corrections of printing errors or obvious translation errors, on 
condition that such amendments are likely to describe that which was initially intended 
(e.g. in respect of understanding of the subject-matter of the original text or the content 
of a possible priority document or the like). 
Section 52 
In applying paragraph 2, section 19 RCPA, the technical relationship rather than the 
formal relationship, i.e. the unity of the invention in light of the problem in question and 
its solution, shall be the principal criterion. Amendments regarding variants of the claims 
may be approved provided that there is a technical relationship and that such amendments 
have foundation in the basic documents. 
Claims which are amended in violation of the provisions of paragraph 2, section 19 
RCPA may be separated from the application through division or excision. 
The description 
Section 53 
An applicant may only make amendments and additions to the description and 
accompanying drawings, including the addition of further examples of the carrying out of 
the invention, if such amendments and additions are considered essential for more precise 
explanation or correction or in order to bring a description into line with new or amended 
patent claims. Such amendments and additions shall not be so made that they suggest that 
the patent claims are more extensive or relate to something other than that which has 
foundation in the basic documents. 
Section 54 
When an applicant files a new copy of a description he shall also file a declaration 
indicating in what respect the wording of the description is different from that of the 
earlier description and specifying the filing date of the earlier description. In addition the 
declaration sha1l also indicate to what extent the said amendments have resulted in the 
addition of new subject-matter. Such a declaration may be approved without further 
investigation, as long as there es no reason against this. 
Section 55 
Minor amendments of the description, together with the date of the amendment and 
the author of the amendment shall be stated in the margin of the new copy. Postponement of the effective date 
Section 56 IP/N/lIISL/P/2 
Page 35 
If the applicant, prior to the expiry of 6 months from the application date, amends the 
application in such a way that the original application date cannot be maintained for the 
application as a whole, he may decide either to excise the new amendment from the 
application or request that the application as a whole be considered to have been filed on 
the date on which the said amendment was submitted to the Patent Office (postponement 
of the effective date). If the applicant requests postponement of the effective date the 
necessity for such shall not be investigated. 
When a request has been made, or would be made, for the postponement of the 
effective date as a result of an amended application, the application shall be processed in 
the same way as other applications in respect of the invention as a whole, amendments to 
claims, etc. The new effective date shall be the basis for processing of the application. If 
the application has been subjected to a novelty search prior to implementation of the 
amendment, in the case of the invention as a whole, the provision of paragraph 2, section 
19 RCPA shall not prevent the applicant from having a novelty search carried out on 
amendments to claims in the same application. If an application which still has not been 
subject to a novelty search no longer fulfils requirements for the invention as a whole and 
this is due to an amendment which was implemented within six months from the 
application date, the requirement of invention as a whole shall be fulfilled before the 
novelty search is carried out (section 49). 
When a postponement of the effective date has been requested, the provisions 
concerning basic documents shall apply to the documents submitted in the case 
documentation on the new effective date. 
If an applicant has requested postponement of the effective date the abstract shall be 
based on those basic documents which are valid from and including the new effective date. 
Section 57 
If postponement of the effective date is requested for an application which has 
priority, cf. section 10 RCPA, priority shall be cancelled if the new effective date is moved 
to a date after the expiry of the year of priority. 
Division and excision 
General 
Section 58 
Division occurs when a part of the basic documents (cf. section 21 RCPA and section 
11 P A) of an application (parent application) is submitted as the basis for a new 
independent application (section 22 RCPA). 
Section 59 
Excision occurs when mateliaI which has no foundation in the basic documents of an 
application is added to a description, claims or in some other way and this is submitted 
as the basis for a new independent application (section 23 RCPA). 
Section 60 
There must be an unbroken continuity between a parent application and an application 
which results from division or excision. A new application may not, therefore, be filed 
after a final decision has been taken regarding the parent application. Division and 
excision shall therefore proceed prior to the granting of a patent on grounds of the parent IP/N/1/ISL/P/2 
Page 36 
application. If the parent application is refused or shelved, division or excIsIon may 
proceed within the time limit for appeal or request for reopening of the case, regardless 
of whether the conclusion is appealed or the case reopened. 
Section 61 
If an application is divided in accordance with paragraph 2. section 22 RCPA, the 
time limit prescribed in that section shall apply for 4 months after the said limitation to 
the parent application is made. In such cases a parent application shall not be approved 
for laying open to public inspection, be refused or a decision relating to an opposition 
made prior to the expiry of the said the time limit. 
Section 62 
In an application resulting from division or excision, the description together with 
accompanying drawings and patent claims which were filed on the same date as the 
application fonn for the new application shall be considered the basic documents of the 
application (section 24 RCPA). Once such basic documents for the application, as 
described above, have been filed, data from the parent application shall not be added to 
the said application (cf. section 19 RCPA). 
Section 63 
In the case of division or excision the applicant shall state on which part of the parent 
application the claims in the new application are based (cf. paragraph 1, section 19 
RCPA). 
Furthermore, the applicant shall state in the parent application that division or 
excision has taken place. 
Section 64 
If a pnonty document refers to an invention which is not disclosed in the basic 
documents (cf. section 21 RCPA) the applicant shall be deemed to have withdrawn that 
invention of his own free will. The application shall not extend to such an invention and 
thus division and excision shall not be applicable. This shall apply regardless of whether 
the priority document is filed prior to, at the same time as or after the filing of the basic 
documents. 
Authorisations regarding dil'ision or excision 
Section 65 
If an applicant has a representative, a deed of authorisation shall be filed with each 
new application in the case of division or excision. In lieu of a new deed, a photocopy 
or duplicate of the authorisation accompanying the parent application may be filed. 
General accessibility of applications 
Section 66 
An 18 month period of secrecy under paragraph 2, section 22 PA shall commence on 
the filing date, or on the effective date if this is different from the filing date (i.e. in the 
case of division, excision or postponement of effective date in accordance with section 14 
PA), or on the priority date when priority is requested in part or in full. If priority is 
requested on the basis of several applications the period during which the application shall 
be kept secret shall be deemed to commence from the first day of priority. The period of 
secrecy shall tenninate at closing time of the Patent Office on the calendar date IP/N/1/ISL/P/2 
Page 37 
corresponding to the first day of the period of secrecy. If the said calendar date does not 
occur in the month in question the last day of that month shall be the day of termination. 
Section 67 
(No provisions under this section) 
Substantive processing of an application 
Section 68 
Independent claims shall be examined both for novelty and for patentability in other 
respects. Dependent claims shall usually only be examined in this way when 
circumstances put in question the patentability of the subject-matter stated in them or in 
independent claims which the dependent claims relate to. 
Information on the results of the examination of an 
invention's patentability in another country 
Section 69 
When the Patent Office requests information regarding results of the examination of 
the patentability of an invention in another country, the applicant shall be granted a period 
in which to provide such information. At the request of the Patent Office the applicant 
shall also submit, within the prescribed time limit, a certified copy of the notification from 
the foreign authority regarding novelty of the invention and patentability in other respects 
or a declaration that he has received no notification in this regard (section 29 RCPA). 
If the applicant fails to submit the result of the examination as required or to submit 
the said declaration, the application shall be shelved in accordance with section IS PA. If 
an applicant refuses to file the result of the examination. the application shall be refused 
in accordance with section 16 PA. 
Unclear applications 
Section 70 
If the subject-matter for which the applicant requests protection is not clearly 
indicated in the application documents, or the invention is insufficiently described, the 
applicant shall be encouraged to file a new and clearer description together with claims 
prior to the commencement of the novelty search (cf. paragraph 2, section 8 P A and 
section 14 PA). 
Novelty search 
Section 71 
A novelty search shall be carried out on the basis of the material referred to in section 
26 RCPA. 
The initial search shall be sufficient to enable a decision to be made as to novelty. It 
shall not always be necessary to examine all available material and the search may be 
terminated when sufficient evidence is considered to have been acquired for assessment 
of the patentability of the invention. (Execution of the novelty search is further dealt with 
in Appendix I.) 
Section 72 
The novelty search shall extend to the date on which the application is filed. This also 
applies when priority is claimed. IP/NIlIISL/PI2 
Page 38 
Section 73 
If the result of a novelty search carried out abroad has been communicated this shall 
result in limitation of the novelty search in this country with reference to the following: 
If the result of a novelty search originates from another Nordic state it shall usually be 
sufficient in addition to examine Icelandic material. If an international search report is 
available, including a novelty search of an international nature, the result of a novelty 
search done at EPO (European Patent Organization), from France, Germany, the 
Netherlands or Austria, the search shall usually be deemed sufficient when, in addition, 
Nordic material has been examined. If a result of a novelty search originates from the 
United Kingdom or the United States of America, in normal circumstances it shall be 
sufficient for the search to cover other material for which a search is obligatory (section 
71). 
Novelty search with reference to earlier applications 
which have I/ot been made available to the public 
Section 74 
If an invention which is the subject of a patent application is not new in regard to 
material in an earlier Icelandic application which has not been made available to the 
public, and if the application has not been refused on other grounds, the general rule shall 
be that the final processing of the application shall be suspended until the earlier 
application has become available to the public in accordance with section 22 PA, or until 
a final decision has been taken in regard to the said application within the time limit 
prescribed in that section. 
The same shall apply in respect of material in an earlier international patent 
application which shall become valid in Iceland if the authorities are aware of the subject­
matter of such an application. The final processing of the later application shall be 
continued when the international application, after transfer to Iceland, becomes available 
to the public in accordance with section 22 PA or lapses in respect of Iceland. 
In both the above mentioned cases the applicant shall be informed of the possibility 
of an overlap. 
Section 75 
The basic documents in a patent application (section 21 RCPA) are considered 
novelty destroying according to subsection 2, paragraph 2, section 2 P A from the priority 
date, to the extent that their subject-matter has a basis in the priority document, or 
otherwise from the filing date. 
The abstract and other application documents (additions to the description, written 
responses, priority documents) are novelty destroying from and including the date on 
which the documents became available to the public, cf. section 22 PA. 
The aforesaid also applies to international patent applications proceeded with in this 
country. 
Priority 
Section 76 
If the proprietor of an application upon which priority is based applies for a patent 
with other parties there shall be no requirement of confirmation that the latter enjoy 
priority. If the applicant for a patent in Iceland is an applicant with others in an application 
on which the priority of the Icelandic application is based, an assignment document shall 
be required from the latter. Section 77 IP/N/1/ISLlP/2 
Page 39 
The scope of an application may be extended in respect of the subject-matter of the 
priority document (partial priority) without cancelling the priority. Priority shall extend to 
all subject-matter indicated in the priority document, regardless of whether this is indicated 
in the claims or not. If an application and claims subsequently filed by the same applicant 
extend to matter which is disclosed only in the description (drawings) of the earlier 
application, the said application shall not be considered the first filed application in the 
Convention state, except with the fulfilment of the conditions under paragraph 2. section 
12 RCPA. 
The basic documents shall also be used as a basis in the processing of an application 
for which priority is claimed. It shall therefore not be possible to add new matter to an 
Icelandic application by appealing to the priority docllment (cf. section 64). Obviolls errors 
and printing errors may, however, be corrected for the sake of consistency with the priority 
document. 
Examination of description prior to the application being apprmw/ 
for laying open to public inspection 
Section 78 
Once it seems possible to approve the patent claims the description shall be checked 
before the application is laid open to public inspection. This shall entail a check of whether 
the description fulfils requirements of form, whether it is consistent with the claims and 
whether it includes necessary examples of the carrying out of the invention. Other changes 
or cOlTections of the description and drawings shall not be required except in so far as they 
are necessary to enable a specialist to understand the invention (inventions) with the aid 
of the aforementioned documents. Comments shall not therefore be made regarding 
wording, technical concepts, etc. except in order to avoid misunderstanding. Furthermore. 
it shall not be necessary to check whether all symbols in the drawings have been explained 
in the description. 
Classification 
Section 79 
Patent applications shall be classified. Classification shall be according to the edition 
of The International Patent Classification current at the time and in accordance with The 
Guide. The edition is marked by a numeral after the abbreviation ,,Int.C!.", which from 1 
January 1990 inclusive is as follows: "Alpj.fl.5"(,,Int.CI.5"). 
Section 80 
An invention or inventions which are disclosed in patent claims shall be classified. 
If, in a patent application, new technical data are disclosed which are not part of the 
invention itself but which are considered worth conserving, such data may also be 
classified (optional classification). In a number of technical fields the classification system 
has been improved either by the appending of a list of identification codes or by the use 
of classification codes as identification codes (hybrid system). Identification codes are 
intended to be a kind of supplement to the classification and are intended to give more 
complete information, e.g. by indicating the principal components, process stages and 
areas of use of the item which is classified. 
Section 81 
The following applies for obligatory classification: IP/N/lIISL/P/2 
Page 40 
An invention shall, if possible, be classified as a unified whole and individual parts 
shall not be classified separately. 
If it proves impossible to classify an invention (inventions) in one of the categories 
of the classification system further categories shall be used, so called multi-classification. 
The following are examples of cases in which multi-classification should be used: 
1) when several independent claims are concerned which relate to inventions in different 
categories 
2) when an independent claim relates to an invention which cannot be classified in one 
particular category, or 
3) when claims relate to an invention which has potential for general use and can be used 
in one or more specialist fields, provided that the classification system contains both 
a general category and categories for specialist use. 
Multi-classification shall be avoided in the case of subcategories which belong to the 
same superordinate category. 
In the case of multi-classification the classification code of the division to which the 
invention mainly belongs shall appear first. 
Section 82 
A satisfactory classification code shall contain a code for the field, category, 
subcategory or division (main division or subdivision). A division code consists of two 
numerals separated by a slash. When an identification code is used a colon shall replace 
the slash. 
The code for an obligatory classification shall be indicated first. After a double slash 
a suggested code for an optional classification shall be printed. In brackets, identification 
codes linked to the classification code shall follow and in the same brackets identification 
codes which have no such links. 
In other respects the codes shall be separated from each other by commas or by 
brackets around the linked pairs of classification codes and identification codes. 
If more than one classification/identification code relating to the same subcategory 
follow each other, the subcategory shall only be indicated once. 
Examples of presentation and order of classification codes and identification codes 
(cf. Part 87 in the manual to the IPC system (The Guide»: 
1. C 08 F 210/16, 255/04// A 61 K 47/00, C 09 J 151/06 
(C 08 F 210/16, 214:06) (C 08 F 255/04, 214:06) 
2. B 29 C 65/08// B 29 K 83:00, B 29 L 23:18. 
References to sources 
Reports 
Section 83 
In reports novelty destroying documents shall be indicated in the following manner: 
1) Patent documents: 
The international code letters for the countries (WIPO/lCIREPA T). the nature of the 
document or possibly the document code indicated in the document, the number of 
the document, reference to relevant part of the document when appropriate. 
Applications which have been made available to the public shall be listed with their 
application numbers as well as the number of the document which the application has 
referred to, where such is the case. Example: 
DE B2 2 124 745, column 7, lines 15-36. IP/N/1/ISLlP/2 
Page 41 
FR patent document 985 216, pp.2, left hand column. lines 9-13. 
IS application no.2462, cf. patent no.1119. 
2) Journals, series and abstracts: 
Full title or generally cited abbreviation, 
volume (year of issue), 
number or issue, 
publication date and place, 
author, 
title of article, number of pages and, when appropriate, more precise location of the 
relevant extract. 
Example: 
Phys., Rev. 75, 891-2(1949) 
Melliand, Textilberichte, 1969, bind 50, Heidelberg, R. Grosser, "Jacquard­
einrichtungen an Grossrundstrickmaschinen", pp.1436-1445, especially pp. 1443, line 
1 in column I-line 18 in column 2; illustration 19, 20. 
CA 43, 2447 g. 
3) Books and other publications, such as reports etc. which are not part of a series: 
Name of the author or editor, 
title of the publication, 
edition and volume, 
publisher, 
publication place and year, 
infonnation on relevant pages. 
Example: 
H. Walton, "Microwave Quantum Theory", volume 2, Sweet and Maxwell, 1973, 
London, pp.138-192, especially pp. 146-148. 
4) Publications produced by companies: 
Infonnation shall be as detailed as possible, preferably the name of the company and 
its address, title of the publication, place and year of publication and number of pages. 
Record of documents cited 
Section 84 
Prior to the laying open to public inspection a record shall be compiled of the 
documents which the Patent Authority has presented and used against the application in 
its processing' (record of documents cited). Documents shall be listed in the record of 
documents used in oppositions in the same manner as in the reports. In addition the 
relevant classification code for the patent document which has been presented may be 
indicated, though only the first shall be indicated if there are several classification codes 
on the patent document. 
Under exceptional circumstances and when there are special grounds for doing so, a 
particular document may be excluded from the record or a document may be added which 
was not used against the application. E.g. documents which have been presented IP/N/l/ISL/P/2 
Page 42 
erroneously and/or have been deemed irrelevant shall not be included; conversely, 
documents referred to in written replies from an applicant or in an application from which 
the application involved originates through division or excision may be included. 
Section 85 
If, due to a printing eITor, a case is proceeded with incoITectly in respect of e.g. 
country or number of the patent document, or number or page number of a journal 
cited. the eITor shall be corrected in the record of oppositions provided that the applicant 
is notified of the cOITection while the application is being processed. If such is not the 
case, the source may not be cited in the record. 
Section 86 
Sources shall be cited in the following order in the record: First, Icelandic patent 
applications which are available to the public sha11 be cited, applications which have been 
laid open to public inspection and granted patents, then published international and 
European patent applications or abstracts from them and finally patent applications, 
applications which have been laid open to public inspection and granted patents from other 
countries in alphabetical order of country. Patent applications, documents for the laying 
open to public inspection and granted patents from the same country shall be cited in 
numerical order. Other sources sha11 be cited at the end of the record. 
Patent applications which have been presented in accordance with subsections 2 and 
3, paragraph 2, section 2 PA shall be indicated separately by the addition of »(PA section 
2.2.3)« after the application number. 
Section 87 
When a patent application is filed the aforesaid record shall be printed in the 
document for laying open to public inspection under the heading "Documents presented". 
If new documents of opposition are presented after the laying open to public inspection, 
e.g. as the result of an opposition, they shall be added to the record if the patent is granted. 
If no sources have been used this shall be indicated by a dash after the aforementioned 
heading. 
Laying open of the application to public inspection 
Section 88 
When an application is approved for laying open to public inspection documents 
relating to it shall not be amended without prior notification to the applicant, except as 
regards obvious correction of folTO in the description or claims or as regards infolTOation 
which is otherwise unnecessary. 
Section 89 
If an application is ready to be laid open to public inspection in all respects except 
that documents suitable for offset printing are not available (sections 23 and 26), such 
documents, together with a declaration that the documents are entirely consistent with 
other previously certified documents, shall be filed at the latest when the fee for laying 
open to public inspection is due. 
Section 90 
In order for a request of postponement of laying open to public inspection to be 
considered (section 30 RCPA) such a request shall be submitted to the Patent Office IP/N/lIISLlP/2 
Page 43 
together with a fee for laying open to public inspection within the time limit referred to 
in section 20 PA. The request shall be made in writing in a separate letter. 
Oppositions 
Section 91 
Two copies of an opposition and accompanying documents shaH be filed. Subsequent 
comments together with accompanying documents from the applicant and opponent shall 
also be filed in duplicate. In the case of amendments to the description and claims such 
accompanying documents shall be filed in triplicate. 
Section 92 
If an oppOSitIOn is filed, an application shall always be subject to substantive 
examination. Before a decision is reached the examination shall take account of all matter 
disclosed, including matter which may have been disclosed in oppositions which were 
submitted too late or were withdrawn. 
Section 93 
If an opponent explains the grounds of his opposition (e.g. patents, specific public 
use) but does not give further evidence, he may be granted a period of time in which to 
submit more detailed evidence. 
Section 94 
The applicant shall receive copies of all correspondence and documents received from 
the opponent (section 35 RCPA). Correspondence with the opponent shall, however, be 
restricted to matter deemed indispensable and essential to the investigation of the case. 
The opponent shall only be given the opportunity to comment on the first reaction of the 
applicant regarding the opposition if circumstances waITant. The opponent shall not be 
given an opportunity to comment further unless special circumstances warrant (paragraph 
2, section 35 RCPA). 
When oppositions based on alleged public use are sent to an applicant the said 
applicant shall be requested to state to what extent he recognises or rejects the justice of 
such information regarding public use received from the opponent. 
The opponent shall be sent copies of correspondence to the applicant regarding the 
substantive examination of the case at the same time as they are sent to the applicant. 
Copies of filed documents which a party to the case has not previously been aware 
of shall accompany such copies and the final decision in the case. 
Section 95 
If a verbal presentation is considered necessary for the processing of the opposition 
case, both applicant and opponent shall be summoned. 
Section 96 
Copies of the final decision shall be sent to both the applicant and the opponent. If 
it is deemed that the application shall result in a patent notwithstanding the opposition, the 
grounds for not considering the opposition shall be stated in the decision. Such a decision 
on the confirmation of the granting of a patent notwithstanding the filing of an opposition 
shall be unnecessary if the opposition is filed too late. IP/NIlIISL/P/2 
Jage 44 
Section 97 
If an opponent unequivocally withdraws his opposition or declares in writing that he 
no longer has any objections to the approval of the application, the said opponent shall be 
deemed to have forfeited his right to appeal any decision regarding the approval of the 
application. 
Observation by a third party against the granting of a patent application 
Section 98 
If, in information submitted in writing in accordance with section 36 RCPA, reference 
is made to novelty destroying material other than public use the person responsible for the 
case shall immediately investigate whether there are grounds for commissioning a report 
on the case. 
If the infomlation relates to public use the main rule shall be that the case shall not 
be proceeded with prior to the expiry of the time limit for oppositions and only then if, 
in the letter of opposition, the information is explained. 
Time limits 
Section 99 
Time limits granted under sections 100-103 shall commence from the date registered 
on the letter in question. 
Section 100 
The applicant has the following time periods before the laying open of his application 
to public inspection: 
1. Errors in format of the application (cf. section 42) 
if the application fee has not been paid .. ...... ............................... .......... 1 month 
if the application fee has been paid ....................................................... 3 months 
If errors in respect of the application fee relate only to the surcharge 
the latter time limit shall apply. 
The surcharge shall be according to the rate in force at the expiry of 
the time limit. 
2. First report regarding substantive examination ...................................... 8 months 
3. New report including new evidence against .......................................... 6 months 
4. Other reports............................................................................................. 2-4 months 
5. Request for presentation of the result of an examination 
of patentability carried out abroad .......................................................... 3-6 months 
Section 101 
Time limits for responses in opposition cases: 
1. Further evidence for the relevant opposition under section 93 ............ 2 months 
2. Oppositions-the applicant's first response............................................ 6 months 
3. Subsequent comments from the parties to the case ............................... 3 months 
4. Possible measures by the Patent Office .................... ............................. 2-4 months 
Section 102 
Time limit in which a case must be proceeded with under section 
17 PA ............................................................................................................... 2 months Section 103 IP/N/1/ISL/P/2 
Page 45 
When special circumstances warrant other time limits than are described above 111 
section 100-102 may be granted 
Time limits granted under section 100-102 shall only be extended if special 
circumstances warrant 
Entry into force 
Section 104 
This advertisement is published in accordance with section 37 of Regulation no 574/ 
1991 Concerning Patent Applications etc. accompanying Act no 17/1991. The 
Advertisement enters into force 1 January 1992 with the limitations referred to in section 
58 of the aforementioned Regulation and its transitional provisions. 
Appendix I Ministry of Industry, 2 Decembel 1991 
On behalf of the Minister 
Bjorn FriMinnsson 
Execution of novelty searches 
1 Helga Jona Benediktsdottil 
The Patent Office shall sign an agreement with the Danish Patent Office 
(Patentdirektoratet) concerning assistance with examination of patentability and novelty 
search of applications, cf. paragraph 1, section 27 RCPA 
The agreement shall inteT alia prescribe the time that shall usually elapse between 
the Danish institution's receipt of a request for examination and their provision of a result 
2 
The provisions of sections 68 and 71-73 AICP and instructions provided by the Patent 
Office to the Danish Patent Institution shall apply to the execution of the examination 
In addition the Patent Office shall examine Icelandic material and other aspects within 
the scope of the Patent Act and accompanying Regulation, and shall take a decision on 
applications in the light of the results of the examination from the Danish Patent 
Institution. 
3 
All patent applications filed in this country shall usually be examined by the Danish 
Patent Office. An exception may be made, however, if the same or similar application has 
been filed at one or more of the Patent Offices in the other Nordic countries. In such a 
case the applicant shall, within 6 months from the filing date or effective date (cf section 
56 of these instructions), submit a declaration to that effect. The declaration shall also 
contain an undertaking to file the final result of the examination of patentability or novelty 
search regarding the application and, where appropriate, a certified copy of the granted 
patent. 
The above exception does not apply to applications relating to pharmaceuticals IP/NIlIISL/PI2 
Page 46 
4 
For the purpose of examination in Denmark the applicant shall file a translation of the 
description, patent claims and abstract in Danish, Norwegian, Swedish or English: 
a) within three months from the filing date or effective date (cf. 56 of these instructions) 
if the application has not at the same time been filed in another country (basic 
application), or 
b) within six months from the filing date or effective date (cf. section 56 of these 
instructions) if in the said application priority is claimed on the basis of a foreign 
application 
Appendix 11 
TempOI'm y provisions regarding the plocessing of paten! 
applications relating to pharmaceuticals 
1 
The following transitional provisions apply to the execution of provisions of 
paragraph 2, section 75 of the Patent Act regarding inventions in the field of 
pharmaceuticals (as there is only authority for the granting of patents for particular 
production processes and not for the product as such) 
2 
If the novelty of the invention is considered to lie in the production process of the 
substance, the usual instructions for novelty search and examination of inventive step and 
unity of invention shall apply. 
3 
If the novelty of an invention is considered to relate only to the product, the claims 
shall be directed to an "analogous process" It shall then be possible to grant a patent for 
the production of a substance by chemical process even though there is nothing novel in 
the process as such that can be deemed patentable (i e. is analogous to pleviously known 
chemical processes). The prerequisites for this are that the substance shall be new and that 
it contains, according to the descl iption, unexpected and valuable features. The 
effectiveness of the substance and its use as a pharmaceutical shall be stated in the claims. 
4 
Other decisions regarding the unity of the invention shall not prevent the explication 
in the first independent claim of internally related diverse analogous processes (main 
reaction and by-reaction) for the production of one and the same pharmaceutical product. 
This product may be a chemical compound or group of chemical compounds with closely 
related chemical structure, i.e their general formula is the same and the unexpected and 
valuable features are the same. 
5 
Claims shall usually only cover those analogous processes for which there are 
examples in the description. 
6 
The following are examples of by-reactions which may be included in the same patent 
as the main reaction: a) esterification from carboxylic acid 
b) salt formation from carboxylic acid 
c) etherisation of alcohols 
d) acylation of alcohols 
e) alkylation of amines 
f) acylation of amines IP/N/1/ISLlP/2 
Page 47 
g) salt formation of amines and formation of quarternary amino compounds 
h) hydrogen saturation of aliphatic double bonds 
i) oxidation of R-S groups for the formation of R-S02 groups 
j) reduction of carboxylic groups to aldehydes 
k) reduction of nitrogen groups to amino groups 
I) conversion of racemic mixtures to chiral isomers 
7 
Where conditions for the unity of invention are concerned, an application shall refer 
either exclusively to process or exclusively to analogous process. Prior to the execution of 
a novelty search the applicant, if necessary, shall state whether he is applying for 
protection of the invention as an analogous process or not. 
8 
Once the first novelty search report has been made, the applicant shall not alter a 
patent claim from an analogous process to a process unless this is done in a divided or 
excised application. If it transpires that the product is already known or that it has no 
unexpected or valuable properties the application shall be refused. However, alteration 
from a process to an analogous process may be made after the expiry of the above 
mentioned time limit. IP/N/1/ISLlP/2 
Page 48 
English translation 
December 22, 1995 No. 661 
Regulation 
amending Regulation concerning patent applications, etc., 
No. 57411991, and Advertisement of instructions 
concerning patent applications, No. 575/1991 
PART I 
Amendments to the Regulation 
concerning patent applications, etc., No. 574/1991 
Section 1 
Section 3 shall read as follows: 
Application documents may be submitted in Icelandic, Danish, Norwegian, Swedish 
or English. If the description, patent claims and abstract are not in Icelandic, an Icelandic 
translation of the abstract and patent claims shall be provided before the application is 
made available to the public, and an Icelandic translation of the description shall be 
provided within four months of the date the applicant received notification that the 
application has been accepted for laying open to public inspection. 
Documents in languages other than those specified in the first paragraph shall be 
accompanied by a translation into one of those languages. The Patent Office may, 
however, waive the translation requirement for documents other than the description, 
patent claims and abstract and for sections of the description or patent claims in an 
Icelandic patent application which are not considered as basic documents in the patent 
application in accordance with the fIrst paragraph of Section 21, or accept a translation in 
a language other than Icelandic, Danish, Norwegian, Swedish or English. The Patent 
Office may require an authorised translator, or other party recognised by the patent 
authorities, to certify the translation. In lieu of such, an applicant or his agent may, 
provided the documents are in Danish, Norwegian, Swedish, English, German or 
French, submit a declaration to the effect that the translation corresponds to the foreign 
language documents. 
Section 2 
Section 21 shall read as follows: 
For an Icelandic patent application or patent application to be processed in accordance 
with Section 38 of the Patent Act, the description, drawings and claims filed in Icelandic, 
Danish, Norwegian, Swedish or English on the filing date, or on the date when the 
application is deemed to be filed, cf. Section 14 of the Patent Act, shall be considered the 
basic documents. Should these documents not be available within the aforesaid time 
limits the description, together with the relevant drawings and claims, which are 
subsequently submitted in an Icelandic, Danish, Norwegian, Swedish or English 
translation, shall be considered as basic documents, insofar as the substance of the 
application is clearly presented in those documents available on the date of filing. IP/N/1/ISL/PI2 
Page 49 
For an application to be proceeded with in accordance with Section 31 of the Patent 
Act, the Danish, Norwegian, Swedish or English translation of the description, drawings 
and claims, or an Icelandic translation of the claims, together with any amendments made 
to the translation within the time limit granted under Section 53, shall be considered as 
basic documents. If an international patent application is flled with the receiving authority 
in Danish, Norwegian, Swedish or English, copies of the description, drawings and 
claims, filed in accordance with Section 31 of the Patent Act, together with any 
amendments made before the expiry of the time limit provided for under Section 53, shall 
be considered as basic documents. If an applicant consents to an international application 
being processed within the time limit provided for in Section 53, cf. Section 34 of the 
Patent Act, and a ruling issued to lay the application open for public inspection or refuse 
it, then the description, drawings and patent claims of the application concerned, as 
available at the time of said ruling, shall be considered as basic documents. 
If a statement is made upon filing, to the effect that an application regarding the same 
invention has previously been flled in another state, and the number and filing date of 
such application indicated, a certified copy of that application subsequently flled shall be 
considered to have been received on the date of the filing of the Icelandic application. 
Section 3 
Section 47 shall read as follows: 
An international patent application filed with the patent authorities in this country 
shall be submitted in one copy. The application shall be in Danish, Norwegian, Swedish 
or English. Information given on the application form may be in English even though the 
other documents may be in anyone of the afore-mentioned languages. 
Section 4 
Section 52 shall read as follows: 
Should an international application be in a language other than Danish, Norwegian, 
Swedish or English, a translation in one of these languages shall be fIled when the 
application is proceeded with in accordance with Section 31 of the Patent Act or when a 
ruling in accordance with the first paragraph of Section 38 of the Act is reviewed. Should 
the application originally have been flled in one of the languages previously mentioned, a 
copy of it shall be submitted. Furthermore, an Icelandic translation of the abstract and 
patent claims, cf. the provisions of the first paragraph of Article 3, shall be submitted if 
the application is proceeded with 18 months after the international application date or 
priority date. The provisions of Section 3 shall apply in other respects concerning 
translations of application documents. 
The patent authorities may adopt rules to limit the requirement for the submission of a 
translation if only part of an international application is to be proceeded with in this 
country. IP/N/1/ISL/P/2 
Page 50 
PART IT 
Amendments to the Advertisement of instructions 
concerning patent applications, No. 57511991 
5. gr. 
The second paragraph of Section 3 shall read as follows: 
The Swedish Patent Office (PRV) and the European Patent Office (EPO) are the 
international novelty search institutions for international applications recieved by the 
Patent Office. Where a novelty search is requested for an international application a 
Danish, Norwegian, Swedish or English translation shall be submitted. 
Section 6 
The second paragraph of Section 37 shall read as follows: 
Should a patent application be in a language other than those recognised by the 
international institution carrying out the novelty search (Le. the Swedish Patent Office or 
European Patent Office), a Danish, Norwegian, Swedish or English translation shall 
accompany the claim for an international novelty search. 
Section 7 
Section 38 shall read as follows: 
Application documents may be in Icelandic, Danish, Norwegian, Swedish or 
English. If the description, patent claims and abstract are not in Icelandic, an Icelandic 
translation of the abstract and patent claims shall be provided before the application is 
made available to the public, and an Icelandic translation of the description shall be 
provided within four months of the date the applicant received notification that the 
application has been accepted for laying open to public inspection. 
The Patent Office may require that the Icelandic text be a certified translation of 
foreign documents. 
Section 8 
The first paragraph of Section 39 shall read as follows: 
The Patent Office may require that the translation of the description, patent claims and 
abstract, referred to in Section 31 of the Patent Act, be certified, cf. Section 31 of the 
Regulation accompanying the Patent Act 
Section 9 
The first sentence of Point 6) of the first paragraph of Section 42 [shall read as 
follows:] 
The description, patent claims or abstract are missing from the documents originally 
filed, or a translation of these documents has not been filed within the specified time limit, 
cf. Section 3 of Regulation accompanying the Patent Act. 
Section 10 
A new paragraph is added to Rule 4 of Appendix I which shall read as follows: 
For the purpose of further examination in Denmark the Patent Office may require 
Danish, Norwegian, Swedish or English translations of other documents (such as the 
amended description and patent claims or counterarguments of an applicant). 
PARTll 
Entry into Force 
Section 11 
This Regulation is issued as authorised in Act No. 17/1991, as subsequently 
amended, and shall come into force on January 1, 1996. 
Ministry of Industry, December 22, 1995 On behalf of the Minister 
I»orkell Helgason IP/N/1/ISLlP/2 
Page 51 
Ion Ogmundur Ponru5osson IP/N/1/ISLlP/2 
Page 52 
No. 286 31 May 1996 
Regulation 
amending the Regulation concerning patent applications etc., 
No. 57411991, as subsequently amended, and amending 
the Advertisement of instructions concerning patent applications, 
No. 57511991, as subsequently amended. 
CHAPTER I 
Amendments to Regulation No. 57411991, 
concerning patent applications etc. 
Article 1 
The words "in sections 45-50" in the second sentence of the second paragraph of 
Section 1 shall be replaced with: in sections 50-55. 
Article 2 
The fIrst paragraph of Section 3 shall read as follows: 
Application documents may be in Icelandic, Danish, Norwegian, Swedish or 
English. If the description, patent claims and abstract are not in Icelandic, the abstract 
and patent claims must be available in Icelandic translation before the application is 
made accessible to the public, while the description must be available in Icelandic 
translation within four months of the time that the applicant was notifIed that a patent 
could be granted. 
Article 3 
The words "or from the day on which the application was deemed to be med," 
in the first sentence of the first paragraph of Section 5 shall be deleted. 
Article 4 
Point 16 of the third paragraph of Section 7 shall be deleted. The present 
Point 17 shall become Point 16. 
Article 5 
Section 8 shall read as follows: 
The Patent Office shall prepare every month, or in connection with the 
publication described in Section 49, a summary of the applications, cf. Section 7, 
including the information stipulated in Points I, 3, 6-11 and 14 of the third paragraph 
of Section 7, and the name of the inventor. 
This summary shall be available from the Patent OffIce for a set fee if this 
requires a special issue. 