WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/1/ISL/P/l 
18 March 1997 
(97-1111) 
Original: Englishl 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS 
AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
Iceland 
The present document reproduces' the Patents Act, No. 1711991, as amended by Act 
No. 67/1993, as notified by Iceland under Article 63.2 of the Agreement (see document 
IP/NIlIISLlI). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTA TIONS CONSACREES 
A LA PROPRIETE INTELLECTUELLE NOTIFIEES 
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
Islande 
Le present document contient le texte' de la Loi sur les brevets no 17/1991, modifiee par la 
Loi no 67/1993, notifiee par l'Islande au titre de l'article 63:2 de l'Accord (voir le document 
IP/NIlIISLlI). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD INTELECTUAL 
NOTIFICADOS EN VIRTUD DEL pARRAFO 2 DEL 
ARTICULO 63 DEL ACUERDO 
Islandia 
En el presente documento se reproduce' la Ley de Patentes N° 17/1991, modificada por la 
Ley N° 6711993, notificada por Islandia en virtud de 10 dispuesto en el parrafo 2 del articulo 63 del 
Acuerdo (vease el documento IP/N/lIISLlI). 
'English only / anglais seulementiingles solamente. IP/N/1/ISLlP/l 
Page 2 
ICELAND 
PATENT ACT 
no. 17/1991 with amendments no. 67/1993 
Official Icelandic Title. Log um einkaleyfi 
Special reproduction 
Translation from The Icelandic 
Law and Ministerial Gazette 
El N KALEYFASTOFAN 
Lindarg6tu 9 150 Reykjavik island IP/N/1/ISLlP/l 
Page 3 
Act 110 1711991 with amendments 110 6711993 
Patents Act 
The holders of the powers of the President of Iceland according to Article 8 of the 
Constitution the Prime Minister, the Speaker of the United Althing, and the President of 
the Supreme Court, 
make known The Althing has passed this Act, and we have confirmed it by our 
approval: 
PART I 
General Provisions 
Section 1 
Any person who has made an invention which is susceptible of industrial application, 
or that person's successor in title, may, upon application, obtain a patent which gives the 
holder the exclusive right to exploit the invention commercially. 
The principal innovations which are not considered to be inventions are those which 
concern exclusively: 
1 a discovery, scientific theory or mathematical method, 
2 an aesthetic creation; 
3 a scheme, rule or method for performing mental acts, for playing games or for doing 
business, or a programme for a computer; 
4 the presentation of infOImation 
Methods for surgical or therapeutic or diagnostic methods practised on humans or 
animals shall also not be regarded as inventions. This provision does not, however, prevent 
the granting of patents for products and equipment, including for substances and 
compositions of substances, for use in methods of this type. 
A patent shall not be granted for. 
1. inventions the use of which would be contrary to morality or public order; 
2 plant or animal varieties or essentially biological processes for the production of plants 
or animals; patents may however be granted for microbiological processes and 
products resulting from such processes 
Section 2 
Patents may only be granted for inventions which are new in relation to what was 
known before the filing date of the patent application and which also differ essentially 
therefrom 
Everything made available to the public in writing, in lectures, by public use or 
otherwise shall be considered as known Also the contents of a patent application filed in 
this country before said filing date shall be considered as known if that application becomes 
available to the public pursuant to Section 22. The condition in the first paragraph that 
the invention must differ essentially from what was known before the filing date of the 
patent application does not, however, apply in respect of the contents of such applications. 
Applications, which are discussed in Part Ill, shall in certain cases have the same 
effect in this country as is discussed in Paragraph 2, cf Sections 29 and 38. IP/N/1/ISLlP/l 
Page 4 
The stipulation in Pal agraph 1 that the invention shall be ne\V does not prevent the 
granting of a patent for a knoV\ n substance or a known composition of substances for use 
in a method refened to in Paragraph 3, Section 1, provided the use of the substance or 
composition is not known in methods of this type. 
A patent may be gl anted despite the fact that the invention was made available to the 
public within six months pI ior to the filing of the application, 
1 in consequence of evident abuse in lelation to the applicant or his predecessor in title, 
or 
2 because the invention was displayed by the applicant or his predecessor in title at an 
official, or officially organized exhibition falling within the tenns of the Convention 
on International Exhibitions signed at Pal is on November 22, 1928 
Section 3 
The exclusive right conferred by a patent implies that no person except the proprietor 
of the patent may, without the proprietor's consent, use the invention by: 
1. making, offering for sale, putting on the market, or using products or equipment 
pIOtected by the patent, or importing Of possessing such items for these purposes; 
2. using a process which is protected by the patent or, while knowing, or it being obvious 
from the circumstances, that the use of the process is prohibited without the consent 
of the proprietor of the patent, offering the process for use in this country; 
3. offering, putting on the market, or using products made by a process protected by the 
patent or importing or possessing the product for these purposes 
The exclusive right also implies that no person other than the proprietor of the patent 
may, without his consent, exploit the invention by offering or supplying a person who is 
not entitled to exploit the invention with such means for carrying out the invention in this 
country which relate to an essential element of the invention, if the person offering or 
supplying the means knows, Of it is obvious from the circumstances, that said means ale 
suited and intended for use in carrying out the invention If the means are a staple 
commercial pIOduct, this paragraph only applies if the person offering or supplying the 
means attempts to induce the receiver to commit acts referred to in the first Paragraph In 
applying the provisions of sentences 1 and 2 of this paragraph persons using the invention 
in a manner specified in Paragraph 3, Points I, 3 and 4, shall not be considered as entitled 
to exploit the invention 
The following are excepted from the exclusive right 
1 use which is not commercial, 
2 use of the product protected by the patent which is put on the market [within the 
European Economic Area]!) by the proprietor of the patent or with his consent; 
3. use of the invention for experiments which relate to the invention itself; 
4. preparation in a phannacy of a medicine in accordance with a physician's prescription 
in individual cases or acts with the medicine so prepared 
I) Au no 6711993. SeU 1 (mlid flOl1I JallllUlV I 1994) 
Section 4 
Any person who, at the time when the application for a patent was filed, was using 
the invention commercially in this country may, notwithstanding the patent, continue such 
use while retaining its general character, provided the use does not constitute evident abuse 
in relation to the applicant or his predecessor in title. Such right of use shall also be due 
on corresponding conditions to any person who had made substantial preparations for 
commercial use of the invention in this country. 
The right according to the preceding paragraph can only be transferred to others IP/N/lIISL/P/l 
Page 5 
together with the business in which it OI iginated or in \Iv hich the use was intended to take 
place 
Section 5 
Notwithstanding the grant of a patent, an invention may be utilized on a foreign 
vehicle, vessel or aircI aft when such a means of transport is in this country temporarily 
or by chance. 
The Minister of Industry may decIee that, not withstanding the grant of a patent, spare 
parts and other accessories for aircraft may be imported into this country and used here 
for repair of aircraft of a foreign country in which COt responding privileges are granted to 
Icelandic aircraft 
Section 6 
An application for a patent which the applicant or his predecessor in title have within 
the 12 months prior to the filing date disclosed in another application for a patent in this 
country or for a patent, inventor's certificate or utility model protection in another country 
adhering to the Paris Convention for the Protection of Industrial PIOperty of March 20, 
1883, shall, when applying Paragraphs 1, 2 and 4 of Section 2 and Section 4, be deemed 
to have been filed simultaneously with the earlieI application if the applicant so demands. 
Such a priority may also be enjoyed from an application fOl protection which does not 
relate to a country adhering to the Paris Charter, if Icelandic patent applications are granted 
corresponding rights and if legislation in the country in question conesponds essentially 
with the Charter. 
The Ministry of Industry determines and stipulates the conditions fOl granting of such 
priority. 
PART II 
The Patent Application and its Processing 
Section 7 
This Act comes within the authority of the Ministry of Industry which controls a 
Patent and Registration office. The Patent Authority in this Act refers to this Office unless 
otherwise stated. 
The Minister of Industry appoints a committee of appeal which rules on cases which 
are sent to appeal and which conc,~rn the Patent Authority, cf. Sections 25 and 67 of this 
Act. The committee is described in detail in the regulations accompanying this Act. 
Section 8 
An application for a patent must be made in writing and filed with the Patent Authority, 
or in the case referred to in Part III, with a patent authority in a foreign country or with 
an international organization 
The application shall contain a description of the invention, also comprising drawings 
if such are necessary, and a distinct statement of what is sought to be protected by the 
patent (patent claims). The description shall be so clear as to enable a person skilled in 
the art to carry out the invention with the guidance thereof If an invention relates to a 
microbiological process or product made with such a process, such an invention will not 
be considered sufficiently disclosed unless the requirements in Paragraph 6 are fulfilled. 
The application shall also contain an abstract of the description and claims. The 
abstract shall merely serve as technical information and it may not be taken into account 
fot any other purpose. 
The name of the inventor shall be stated in the application. If a patent is applied for 
by someone other than the inventor, the applicant shall prove his title to the invention. IP/N/1/ISLlP/l 
Page 6 
The applicant shall pay a prescribed application fee FOl the application, a prescribed 
annual fee shall also be paid for each fee yea! beginning before the application is finall) 
decided on A fee yea! according to this Act is 12 months and shall be counted the fit st 
time from the day on which the application was filed, and theteaftet from the corresponding 
day according the calendar 
If in the carrying out of an invention, a microorganism is to be used which is neithet 
available to the public nor can be described in the application documents so as to enable 
a person skilled in the art to carry out the invention with the guidance thereof, a culture 
of the organism shall be deposited no later than the date of filing of the application. The 
culture shall thereafter be continuously on deposit so that a person entitled under this Act 
to receive samples from the culture can receive a sample in this country Regulations shall 
specify whele deposits may be made. 
If a deposited culture ceases to be viable or if samples from the culture cannot be 
supplied for other reasons, it may be replaced by a new culture of the same organism 
within the time period and otherwise in the manner prescribed by the provisions of the 
regulations. If this has been done, the new deposit shall be considered as having been 
made on the day when the earlier deposit was made 
Section 9 
If the applicant so demands and pays the special fee, the Patent Authority under those 
conditions detailed in the regulations, shall allow the application to become subject to such 
novelty search by an International Searching Authority as referred to in Article 15(5) of 
the Patent Cooperation Treaty agreed at Washington on June 19, 1970. 
Section 10 
Patents for two or more mutually independent inventions may not be applied for in 
a single application. 
Section 11 
If a patent is sought for an invention disclosed in a patent application filed earlier by 
the applicant and not finally decided upon, the later application shall, on conditions laid 
down in the regulations, be regarded as filed at the time when the documents disclosing 
the invention were filed with the Patent Authority, if the applicant so demands. 
Section 12 
An applicant who is not domiciled in this country shall have an agent residing het e 
who shall be entitled to represent him in all matters concerning the application 
Section 13 
The application for a patent must not be amended so as to claim protection for subject 
matter which did not appear in the application at the time when it was filed, or shall be 
considered to have been filed pursuant to Section 14 
Section 14 
If the applicant amends the application within six months ftOm the date of filing, the 
application shall be considered to have been filed at the time when the amendment \Vas 
made, if the applicant so requests. 
A requcst under Paragraph 1 must be made within two years from the date of filing 
of the application Such a request may be made only once and may not be withdrawn Section 15 IP/NIl/ISL/PI1 
Page 7 
If the applicant has nl)t complied with the requirements regarding the application, or 
if the Patent AuthOl ity finds other obstacles to the allowance of the application, the 
applicant shall be notified thereof and be requested within a specified term to explain his 
case or make corrections to the application The Patent AuthOl ity may. however, without 
consulting the applicant, make such changes in the abstract as it deems necessary 
If the applicant fails, within the stipulated term, to render a statement or to take 
measures to overcome the objections raised. the application shall be dismissed. Notice of 
this shall be given in accOldance with Paragraph 1 
A dismissed application will be reinstated if, within four months from the expiration 
of the specified term, the applicant submits a statement or takes measures to overcome 
the objections and, within the same term, pays the prescribed lesuming fee. 
If renewal fees according to Sections 8, 41 and 42 are not paid, the application shall 
be dismissed without fUlther notification. Applications which have been dismissed on these 
grounds shall not be reinstated 
Section 16 
If, after having received the applicant's statement, the Patent Authority still has 
objections to the allowance of the application, and the applicant has had an opportunity 
to submit a statement on the objections, the application shall be refused, unless there are 
found reasons to give the applicant another opportunity to state his case or amend his 
application according to Paragraph 1, Section 15 
Section 17 
If a person claims before the Patent Authority that the proper title to the invention 
rests with him and not with the applicant, and if the case is deemed uncertain, the Patent 
AuthOlity may invite him to bring an action before a court of law within a certain time. 
If the invitation is not complied with, the Patent Authority may disregard the claim in 
deciding on the patent application Information to that effect shall be given in the invitation. 
If litigation regarding the proper title to the invention is pending before the court, the 
patent application may be declared in abeyance until the litigation is finally settled by the 
court. 
Section 18 
If a person plOves that the proper title to the invention rests with him and not with 
the applicant, the Patent Authority shall transfer the application to him, if he so requests 
The transferee shall pay a new application fee. 
If a request for transfer has been made under Paragraph 1, the application may not 
be dismissed, rejected or allowed until the request has been finally decided upon 
Section 19 
If the application is in accordance with regulations and dilectives and no obstacles to 
the grant of a patent are found, the application shall be allowed for publication pursuant 
to Section 21. 
After the application has been allowed for publication, no request under Section 14 
may be made nor may the patent claims be amended so that the extent of patent protection 
is broadened 
Section 20 
Within two months after the application has been allowed fO! publication, the applicant 
shall pay the prescribed publication fee In default thereof, the application shall be IP/N/1/ISL/P/l 
Page 8 
dismissed The processing of a dismissed application shall be resumed if within four months 
after the expiration of the said period of time the applicant pays the publication fee and 
the plescribed resuming fee 
If a patent is applied for by the inventor and if, within the time specified in the first 
sentence of Paragraph I the application has been allowed fOl publication, he requests 
exemption fIOm payment of the publication fee, the Patent Authority may grant him such 
exemption if he has considerable difficulties in paying the fee If the request is rejected, 
a fee paid within two months thereafter shall be consideled to have been paid within the 
pIOpel time limit 
Section 21 
When the publication fee pursuant to Section 20 has been paid, or exemption from 
the publication fee has been granted, the Patent Authority shall lay the application open 
to public inspection in order to afford the public an opportunity to file an opposition against 
the application The publication shall be advertised 
An opposition shall be made in writing and be filed with the Patent Authority within 
three months from the date of the announcement 
From the day when the application is published, printed copies of the description, 
patent claims and abstract, with information on the applicant and the inventor, shall be 
obtainable at the Patent Authority. 
Section 22 
As from the date when the application is laid open to public inspection, the documents 
in the case shall be available to any person 
When 18 months have elapsed from the date of filing, or from the day when priority 
is claimed, cf. Section 6, the documents shall be available to the public, even if the 
application has not been laid open to public inspection If a decision has been made to 
shelve or to refuse the application, the files shall, however, not be available unless the 
applicant requests resumption of the proceedings, appeals against the refusal or requests 
re-establishment of rights under Sections 72 or 73 
At the request of the applicant the files of the application shall be made available 
earlier than plescribed in Paragraphs I and 2. 
When the files are made available under Paragraphs 2 or 3, a notice to that effect 
sha1l be published. 
If a document contains business secrets which do not concern an invention which has 
been the subject of a patent application, the Patent Authority may. on request and in special 
circumstances, decide that the document shall not be available 01 only available in pmt 
If such a request has been filed, the document shall not be made available until a decision 
has been made or until the period within which the decision may be appealed against has 
passed. An appeal sha1l have the effect of suspending the implementation of any decision 
If a culture of a microorganism has been deposited under section 8, any person shall 
have the right to obtain a sample of the culture when the files become available undel 
Palagraphs I, 2 or 3. This does not imply that any sample shall be furnished to a person 
who, according to rules laid down in or pursuant to law, is not allowed to handle the 
deposited mircoorganism. Nor shall any sample be furnished to any person if, due to the 
dangerous properties of the organism, his handling of the sample is considered to involve 
obvious danger 
Notwithstanding Paragraph 6 the applicant may request that until the application has 
been laid open to public inspection or has been finally decided upon without having been 
laid open to public inspection, the furnishing of a sample shall only be effected to a expert 
in the art. The Minister of Industry shall lay down provisions governing the time limit for IP/NIl/ISLlPI 1 
Page 9 
the submission of such a request and presct ibing who may be considered an expert in this 
context. 
The tequest for the furnishing of a sample shall be filed in writing with the Patent 
Authority and shall contain a declaration of obsel vance of the restriction on the use of the 
sample in accordance with the rules laid down by the Minister of Industry If the sample 
is to be furnished to an expert in the art then he shall make the declaration rather than 
the person requesting the sample 
Section 23 
After the expiry of the time limit ptescribed in Paragraph 2, Section 21, the 
proceedings for gt ant shall be resumed. In these proceedings the provisions of Sections 
15, 16, 17 and 18 shall apply mutatis mutandis 
If an opposition has been filed, the applicant shall be notified accordingly and be 
given an opportunity to file his observations on the opposition 
Section 24 
An appeal against the final decision of the Patent Office concerning a patent 
application may be filed by the applicant or, if the application has been accepted despite 
a duly filed opposition, by the opponent If the latter withdraws his appeal, such appeal 
may nevertheless be examined when circumstances make it desirable. 
Decisions rejecting a request for resumption under Paragraph 3, Section 15 or 
Paragraph 1, Section 20 or complying with a request for transfer under Section 18 may 
be appealed against by the applicant. Decisions rejecting a request for the transfer of the 
application may be appealed against by the person making the request. 
Decisions rejecting a request under Paragraphs 5 and 8, Section 22 may be appealed 
against by the person making the request 
Section 25 
Appeals against decisions concerning patent applications shall be filed with the Patent 
Board of Appeals not later than two months after the date on which the party concerned 
was notified of the decision by the Patent Office The prescribed fee shall be paid within 
the same time limit. Failure to pay shall result in rejection of the appeal as inadmissible 
The decisions of the Patent Board of Appeal may not be brought before any higher 
administrative authority 
Proceedings for the trial of decisions of the Patent Office which may be appealed 
against to the Patent Board of Appeal may not be brought before the COUtts until the 
decision of the Patent Board of Appeal has been given, cf., however, Sections 52 and 53. 
Proceedings for the tl ial of decisions by which the Patent Board of Appeal refuses an 
application for the patent shall be brought within two months after the date on which the 
party concerned was notified of the decision. 
The provisions of Paragraph 5, Section 22 shall also apply with respect to documents 
received by the Patent Board of Appeal 
Section 26 
A patent has been granted when the patent application has been finally accepted. When 
a patent has been granted, the grant shall be advertised, and a patent certificate shall be 
issued If the description or the claims have been amended as compared with the copies 
refened to in Paragraph 3, Section 21, printed copies of the patent in its final form shall 
be obtainable from the Patent Authority stating the names of the patent holder and the 
inventor If an application which is available to the public is finally refused or shelved, 
the refusal or shelving shall be advertised IP/N/1/ISLlP/l 
Page 10 
Section 27 
GI anted patents shall be entered in a Register of Patents which shall be kept by the 
Patent Authority 
PART III 
International Applications 
Section 28 
An "international application" means an application under the Patent Cooperation 
Treaty done at Washington on June 19, 1970 
An international application shall be filed with a patent authOlity or an international 
organization which is competent under the Treaty and the Regulations to receive such an 
application (receiving Office) An international application may be filed with the Patent 
Authority of this country in accordance with rules laid down by the Minister of Industry 
The applicant shall pay the fee prescribed for the application to the Patent Authority. 
The provisions of Sections 29 to 38 shall apply to international applications designating 
Iceland 
Section 29 
An international application which has been accorded an international filing date by 
the receiving Office shall have the same effect as a patent application filed in this country 
on that date. The provisions of the second sentence, Paragraph 2, Section 2 shall, however, 
only apply if the application has been proceeded with according to the provisions of Section 
31 
Section 30 
An international application shall be considered withdrawn as far as Iceland is 
concerned in cases referred to in Subsections (i) and (ii), Paragraph 1, Article 24 of the 
Treaty 
Section 31 
If the applicant wishes to proceed with an international application with respect to 
Iceland, he shall within 20 months from the international date of filing, or if priority is 
claimed, from the priority date pay the prescribed fee to the Patent Authority and file a 
translation into Icelandic of the international application to the extent prescribed by the 
Minister of Industry or, if the application is WI itten in Icelandic, a copy of the application 
If the applicant requests that an international application be the subject of an 
international preliminary examination, and if within 19 months from the date referred to 
in Paragraph I he declmes in accordance with the Treaty that he intends to use the results 
of that examination in Iceland, he shall comply with the requirements of Paragraph 1 within 
30 months from the said date. 
If the applicant has paid the prescribed fee within the time limits fixed in Paragraphs 
1 and 2, the prescribed translation or copy may be filed within a further period of two 
months, provided that a prescribed additional fee is paid prior to the expiry of the further 
period. 
If the applicant fails to fulfill the requirements of this Section, the application shall 
be considered withdrawn as far as Iceland is concerned. 
Section 32 
If the applicant withdraws a demand for international preliminary examination or his 
declaration that he will use the results of such examination for patent application in Iceland, 
the international application shall be considered withdrawn as far as Iceland is concerned IP/NIl/ISLlPI 1 
Page 11 
unless the withdrawal has been effected pI ior to the expiry of the time limit applicable 
under Paragraph I, Section 31 and the applicant proceeds with the application prior to the 
expiry of the time limits prescribed in Paragraph I, Section 31, cf Paragl aph 3 of the 
same Section 
Section 33 
When an international application has been proceeded with under the provisions of 
Section 31, the provisions of Part II of this Act shall apply to the application and other 
processing thereof with the exception of any stipulations detailed in this Section or in 
Sections 34 to 37. The application may only be processed after the lapse of the time limits 
stipulated in Paragraphs I and 2, Section 31, unless the applicant requests otherwise. 
The provisions of Section 12 shall only be applicable from the time when the Patent 
Authority may commence processing the application 
The provisions of Section 22 shall apply even before the application has been 
proceeded with when the applicant has complied with his obligation under Section 31 to 
file a translation of the application 01, if the application is written in Icelandic, when the 
applicant has filed a copy thereof with the Patent Authority 
In relation to the provisions of Sections 48, 56 and 60 an application shall be deemed 
to have been made public when it has been made available under the provisions of 
Paragraph 3 If the application complies with the requirements relating to form and contents 
provided for in the Treaty, it shall be accepted in that respect 
Section 34 
An international application shall only be accepted for laying open to public inspection 
or refused after the expiry of a time limit prescribed by regulations, unless the applicant 
has consented to the application being decided upon prior thereto 
Section 35 
Without the consent of the applicant an international application shall not be laid open 
to public inspection or published in printed form by the Patent Authority prior to its 
publication by the International Bureau of the World Intellectual Property Organization 
(WIPO) or prior to the expiry of 20 months from the international filing date or, if priority 
is claimed, from the priority date. 
Section 36 
If any part of an international application has not been the subject of an international 
search or an international preliminary examination because the application has been deemed 
to relate to two or more mutually independent inventions, and the applicant has not paid 
the additional fee under the Treaty within the prescribed time limit, the Patent Authority 
shall review the finding to determine whether it was justified If this is found to be the 
case, the said part of the application shall be considered withdrawn before the Patent 
Authority unless the applicant pays the prescribed fee within two months after the date on 
which the Patent Authority notified him of the result of the review If the Patent Authority 
considers that the finding was not justified, it shall proceed with the examination and other 
processing of the application in its entirety 
The applicant may appeal against a decision under Paragraph 1 by which an 
application is found to relate to two or more mutually independent inventions. The 
provisions of Paragraphs 1 to 3 of Section 25 shall apply in this case 
If the decision of the Patent Authority is confirmed the time limit for payment of the 
fee under sentence 2 of Paragraph 1 shall be from the date that the final decision is given. IP/NIlIISLlPI 1 
Page 12 
Section 37 
If any part of an international application has not been the subject of an international 
preliminary examination because the applicant has restricted the claims at the invitation 
of the International PteliminaIY Examining Authority, that part of the application shall be 
considered withdrawn before the Patent Authority unless the applicant pays the prescribed 
fee within two months after the date on which the Patent Authority invited him to pay 
with reference to the restt iction of the examination can ied out 
Section 38 
If a receiving Office has tefused to accord an international filing date to an internation­
al application, or if it has decided that the application or the designation of Iceland shall 
be considered withdrawn, the Patent Authority shall, at the request of the applicant, revie\\ 
the decision to determine whether it was justified The same shall apply if the International 
Bureau deems a patent application to be withdrawn. 
A request for a review undet Paragraph I shall be presented to the International Bureau 
prior to the expity date ptesct ibed by regulations The applicant shall, prior to the expiry 
of the same time limit and to the extent prescribed by regulations, file a translation of the 
application with the Patent Authority and pay the prescribed application fee. 
If the Patent Authority finds that the decision of the receiving Office or the Internation­
al Bureau was not justified, the Patent Authority shall process the application under Part 
II of this Act. If no international filing date has been accorded by the receiving Office, 
the application shall be deemed to have been filed on the date which, in the opinion of 
the Patent Authority, should have been accorded as the international filing date. If the 
application complies with the requirements relating to form and contents provided for the 
Treaty, it shall be accepted in that respect. 
The provisions of sentence 2, Paragraph 2, Section 2 shall apply to applications 
processed according to Paragraph 3, provided that the application is made available to the 
public under Section 22 
PART IV 
Extent of Protection and Term of the Patent 
Section 39 
The extent of the protection conferred by a patent shall be determined by the claims 
For the interpretation of the claims the description may serve as a guide. 
Section 40 
A granted patent may be maintained until 20 years have elapsed from the date of 
filing of the patent application A renewal fee shall be paid for the patent in respect of 
each fee year beginning after the grant of the patent. If a patent is granted before the 
renewal fee for the application is due, cf. provisions of Section 41, the proprietor of the 
patent shall in addition, when the first renewal fee for the patent is due, pay the renewal 
fees for those fee yeat s which had begun before the granting of the patent 
PART V 
Payment of Renewal Fees 
Section 41 
The renewal fee shall fall due on the last day of the month in which the fee year 
begins The renewal fees in respect of the first two fee years shall, however, only fall due 
at the same time as the fee in respect of the third fee year Renewal fees may be paid a 
maximum of three months before the due date If the decision of the Patent Board of 
Appeal to reject an application is reversed by a COUtt, the renewal fee for the fee years JP IN I lIJSLlP 11 
Page 13 
beginning after the decision of the Patent BOaId of Appeal is made and extending until 
the court ruling comes into effect. may not fall due earliel than two months after the latter 
date 
For a later application as provided for in Section 11, the renewal fees in respect of 
fee years having begun before the date of filing of the latel application or beginning within 
two months after that date shall in no case fall due before two months have elapsed after 
the said date FOI an international application, renewal fees in respect of fee years having 
begun before the date on which the application was proceeded with under Section 31 or 
taken up for processing under Section 38 or beginning within two months after that date 
shall in no case fall due before two months have elapsed after the date on which the 
application was proceeded with or taken up for processing 
Any renewal fee may, together with the prescribed additional fee, be paid within six 
months after its due date 
Section 42 
If the inventor is the applicant or the proprietor of the patent, and if the payment of 
the renewal fees is deemed to involve great difficulties for him, the Patent Authority may 
grant him a respite from the payment thereof, provided that a request to that effect is 
submitted not later than the date on which the renewal fees fall due the first time. Respites 
may be granted of up to three yeal s at a time, but no longer than until three years have 
elapsed from the grant of the patent Any request for a prolongation of a respite shall be 
submitted not later than the date on which the granted respite expires 
If a request for a respite or a prolongation of a respite is rejected, payment within 
two months thereafter shall be regarded as payment in due time. 
Any renewal fee for the payment of which a respite has been granted according to 
Paragraph 1 may, together with the same additional fee as leferred to in Paragraph 3, 
Section 41, be paid within six months after the date until which the respite has been 
granted 
PART VI 
Licensing, Transfer, etc. 
Section 43 
If the proprietor of the patent has gl anted another person a right to exploit the invention 
commercially (license), the licensee may not transfer that right to others in the absence of 
an agreement to the contrary 
Section 44 
The transfer of a patent or the grant of a license shall on request be recorded in the 
Register of Patents 
If it is proved that a registered license has terminated, the license shall be deleted 
from the Register 
The provisions of Paragraphs 1 and 2 shall also apply to compulsory licenses and 
rights under Paragraph 2, Section 53. 
Legal proceedings in respect of a patent may always be brought against the party who 
is entered in the Register as proprietor of the patent, and any notification from the Patent 
Authority may be sent to him. 
Section 45 
If a patented invention is not worked to a leasonable extent in this country when three 
years have elapsed from the grant of the patent and four years have elapsed from the filing 
of the patent application, any person wishing to work the invention in this country may IP/N/1/ISLlP/1 
Page 14 
obtain a compulsory license to do so unless there ale shown legitimate reasons fOl the 
failure to work the invention 
Subject to reciprocity the Minister of Industry may direct that, for the purposes of 
Paragraph 1, WOl king of the invention in another country shall be equivalent to wor king 
in this country 
Section 46 
The proprietol of a patent for an invention, the exploitation of which is dependent on 
a patent held by anothel person, may obtain a compulsory license to exploit the invention 
protected by the latter patent if it is deemed to be reasonable in view of the importance 
of the former invention 01 for other special reasons 
In the event of a compUlsory license being granted to exploit a patented invention in 
pursuance of Pal agraph 1, the proprietor of that invention may also obtain a compulsory 
license to exploit the other invention unless special circumstances make this undesirable 
Section 47 
When required by important public interests, any person who wishes to exploit an 
invention commercially for which another person holds a patent may obtain a compulsory 
license to do so 
Section 48 
Any person who, in this country, at the time when a patent application was made 
available to the public, was commercially exploiting the invention for which a patent is 
applied for, may, if the application results in a patent, obtain a compulsory license to 
exploit the invention if very special circumstances make it desirable and he had no 
knowledge and could not reasonably have obtained any knowledge of the application. Such 
a right shall also, under similar conditions, be enjoyed by any person who had made 
substantial preparations for commercial exploitation of the invention in this country 
A compulsory license in accordance with Paragraph 1 may include the time preceding 
the grant of the patent. 
Section 49 
A compulsory license may only be granted to a person who may be presumed to be 
able to exploit the invention in a reasonable and acceptable way and in accordance with 
the terms of the license 
A compulsory license shall not prevent the proprietor of the patent from exploiting 
the invention himself or from granting licenses to others The compulsory license may 
only be transferred to others together with the business in which it is exploited or in which 
the exploitation was intended 
Section 50 
The Reykjavik City Court shall decide whether a compulsory license shall be granted. 
to what extent the invention may be exploited, the amount of the compensation to be paid 
to the proprietor and other terms of the compulsory license If circumstances should change 
significantly, the Court may, at the request of either party, cancel the license or lay down 
new terms of the license 
PART VII 
Termination of the Patent etc. 
Section 51 
If any renewal fee is not paid in accordance with the rules laid down in Sections 40, 
41 and 42, the patent shall lapse as from the beginning of the fee year in respect of which 
the fee has not been paid Section 52 
A patent may be revoked by a court decision if IP/N/1/ISLlP/l 
Page 15 
it has been granted notwithstanding that requirements under Sections 1 and 2 are not 
complied with, 
2 it relates to an invention which is not disclosed in a manner sufficiently clear to enable 
a person skilled in the art to carry out the invention, 
3. its subject matter extends beyond the content of the application as filed, or 
4. it has been glanted notwithstanding that the protection conferred by the patent has 
been extended after the acceptance of the application for publication 
A patent may not, however, be revoked in its entirety on the grounds that the proprietor 
of the patent was only partially entitled to the patent 
With the exceptions provided for in Paragraph 4, proceedings may be instituted by 
any person. 
Proceedings on the grounds that the patent has been granted to a person other than 
the one entitled thereto under Section 1 may only be instituted by the person claiming to 
be entitled to the patent Such proceedings shall be brought within one year after the 
entitled person obtained knowledge of the grant of the patent and of the other circumstances 
on which the proceedings are based. If the proprietor of the patent was in good faith when 
the patent was granted or when he acquired the patent, the proceedings may not be brought 
later than three years after the grant of the patent 
Section 53 
If a patent has been granted to a person other than the one entitled thereto under 
Section 1, the court shall tJansfer the patent to the entitled person if he so claims. The 
provisions of Paragraph 4, Section 52 concerning the time of instituting the proceedings 
shall apply 
The person who is deprived of the patent shall, if he in good faith is exploiting the 
invention commercially in this country or has made substantial preparations for such 
exploitation, be entitled, for a reasonable compensation and on reasonable conditions in 
other respects, to continue the exploitation already commenced or to commence the planned 
exploitation within the same limits Holders of registered licenses shall also enjoy the same 
right on the same conditions. 
Rights under Paragraph 2 may only be transfeIred to others together with the business 
in which they are exploited or in which the exploitation was intended 
Section 54 
If a proprietor of a patent surrenders the patent in writing to the Patent Authority, the 
Patent Authority shall declare the patent to have ceased to have effect 
If proceedings have been instituted for the transfer of a patent, the patent shall not 
be declared to have ceased to have effect until a final decision has been given in the 
proceedings 
Section 55 
When a patent has lapsed or has been declared to have ceased to have effect or has 
been revoked or transferred to another person by a final court decision, the Patent Authority 
shall publish a notice to that effect IP/NIlIISLlP/1 
Page 16 
PART VllI 
Obligation to Give Information About Patents 
Section 56 
An applicant fOl a patent who invokes his patent application against anothel person 
before the files of the application have become available to the public shall be undel an 
obligation, on request, to consent to permitting the said person to obtain inspection of the 
files of the application If the application comprises a deposited culture of a microorganism 
as referred to in Section 8, the said person shall also have the right to obtain a sample of 
the culture The provisions of sentences 2 and 3, Paragraph 6, Section 22 , as well as 
Paragraphs 7 and 8 of the same Section apply in those cases 
Any person who, by direct communication with anothel person or in advertisements 
or by the marking of goods or their packaging or in any other way, indicates that a patent 
has been applied for or granted, without indicating at the same time the number of the 
application or the patent, shall be under an obligation to give such information to any 
person requesting it without undue delay. If it is not explicitly indicated that a patent has 
been applied for or granted, but circumstances are such as to create that impression, 
information as to whether a patent has been applied for or granted shall be given on request 
without undue delay 
PART IX 
Liability to Punishments, Liability for Damages, etc. 
Section 57 
Any person who intentionally infringes the exclusive right conferred by a patent shall 
be punished by fine, or under aggravated circumstances, by imprisonment of up to three 
months 
If the offence is committed by a society or other company the enterprise may be liable 
to a fine. 
Proceedings shall be brought by the injured party. 
Section 58 
Any person who intentionally or negligently infringes a patent shall be liable to pay 
a reasonable compensation for the exploitation of the invention as well as damages for the 
further injury which the infringement may have caused 
If any person infringes a patent and such infringement is not intentional or due to 
negligence, he shall be liable to pay compensation and damages under the provisions of 
Paragraph I if and to the extent it is found reasonable. 
Section 59 
In the case of patent infringement the court may, to the extent it is found reasonable 
and when so demanded, order measures to prevent the abuse of products manufactured in 
accordance with the patent invention or of any apparatus, tool or other article the use of 
which would involve patent infringement It may thus be decided that the article shall be 
altered in a specified manner or destroyed or, in the case of a patented article, that it shall 
be surrendered to the injured party in return for compensation This shall not, howevel, 
apply to any person who in good faith has acquired the said article or has acquired 1 ights 
in respect of the article and who has not himself committed patent infringement. 
Under very special circumstances the court may, notwithstanding the provisions of 
Paragraph 1, and when so claimed, grant the owner of the products, apparatus, tools and 
other articles, referred to in Paragraph I permission to dispose of these freely during the 
term of the patent or part of that term in return for a reasonable compensation and on 
reasonable conditions in other respects Section 60 IP/N/1/ISL/P/1 
Page 17 
If any person exploits an invention without permission after the files of the application 
have been made available to the public, and the application results in a patent, the 
plovisions concerning patent infringement, with the exception of the provisions of Section 
57, shall apply lIlutatis nlutane/is. The protection conferred prior to the advertisement of 
publication under Section 21 shall. however, only extend to subject matter disclosed both 
in the claims as worded at the time when the application was made available to the public 
and in claims of the patent 
The person concerned shall only be liable to the extent referred to in Paragraph 2, 
Section 58 to pay damages for injury caused by infringement committed prior to the 
advertisement of the publication of the application under Section 21 
Section 61 
In proceedings for patent infringement the invalidity of the patent may only be put 
in issue if a claim for revocation is brought against the proprietor of the patent in the 
event that the latter has been summoned under the rules laid down in Paragraph 4, Section 
63 If the patent is revoked, the provisions of Sections 57 to 60 shall not apply 
Section 62 
Any person who fails to fulfill his obligations according to Section 56 or gives false 
information shall be punished by a fine, plOvided that a more severe punishment is not 
provided for by other legislation He shall also compensate for the injury caused by his 
action to the extent that is considered reasonable. 
The provisions of Paragraphs 2 and 3, Section 57 shall also apply in such cases. 
Section 63 
Any person who institutes proceedings for the revocation of a patent, for the tlansfer 
of a patent 01 fOl the grant of a compulsory license shall at the same time notify the Patent 
AuthOl ity accordingly and by registered mail notify any licensee who is entered in the 
Register of Patents and whose address is recorded in that Register of the proceedings. Any 
licensee who wishes to institute proceedings for patent infringement shall in a similar way 
notify the proprietor of the patent of the proceedings, provided that the latter's address is 
recorded in the Register 
If the plaintiff does not prove on the day on which the case comes up for trial that 
notification under Paragraph I has been effected, the court may fix a time limit for 
compliance with the requirements of Paragraph I. If the said time limit is not observed, 
the case shall be dismissed 
If the proprietor of a patent brings proceedings for infringement of patent and the 
defendant wishes to claim revocation of the patent the latter shall, in accordance with the 
provisions of Paragraph I, infol m the Patent Authority and registered licensees that he 
intends to claim revocation The provisions of Paragraph 2 shall also apply here so that 
the claim for revocation shall be dismissed if the time limit which has been fixed is not 
observed 
In proceedings for patent infringement brought by a licensee, the defendant may 
summon the proprietor of the patent to attend without regard to his domicile in order to 
claim against him that the patent be revoked 
Section 64 
The following proceedings shall be brought in the Reykjavik City Court· 
1. proceedings concerning the right to an invention which is the subject matter of an 
application for a patent, IP/N/1/ISLlP/1 
Page 18 
2. proceedings concerning the grant of a patent, cf Paragraph 3, Section 25, 
3 proceedings fOl the revocation of a patent or fot the transfer of a patent, et' Sections 
52 and 53 and proceedings concerning rights under Paragraph 2, Section 53, 
4. proceedings concerning I ights under Section 4 and Paragraph 2, Section 74; 
5 proceedings concerning patent infringement, 
6. proceedings for the assignment of a patent and proceedings regarding voluntary 
licenses 
Applicants and proprietors of patents who are not residents in this country shall be 
deemed, according to this Act, to have their domicile in Reykjavik 
Section 65 
Office copies of court decisions in the cases referred to Section 50 and Paragraph 1, 
Section 64 shall be communicated to the Patent Authority on the initiative of the judge. 
PART X 
Miscellaneous Provisions 
Section 66 
A proprietor of a patent who is not resident in this country shall have an agent residing 
in this country and recorded in the Register of Patents. The agent is empowered on behalf 
of the proprietor of a patent to receive summonses and other notifications concerning the 
patent 
If a proprietor of a patent does not have such an agent, summonses shall be effected 
in the manner prescribed in legislation on civil proceedings in district courts In addition 
the registered proprietor of a patent shall be sent a copy of the summons by registered 
mail. The same applies to other notices concerning the patent 
The Minister of Industry may direct that the rules under Paragraph 1 do not apply in 
relation to a proprietor of a patent who is resident in another country, if proprietors of 
patents resident in this country enjoy the same rights in the fOleign country concerned. 
The same applies if a proprietor of a patent has an agent who is resident in the country 
in question and if this agent is recOlded in the Register of Patents in this country as agent 
with powers to receive summonses and other notifications 
Section 67 
An applicant or proprietor of a patent may appeal against the final decisions of the 
Patent Office in addition to those referred to in Section 24 not later than two months after 
the date on which he was notified of the decision The same shall apply for decisions in 
pursuance of Section 42 or Paragraphs 1 and 2, Section 72 and Section 73. Other parties 
interested in the said decision may file a similar appeal not later than two months after 
the advertisement of the decision 
The fee prescribed for the appeal shall be paid within the time limit referred to in 
Paragraph 1 If payment is not made, the appeal shall be rejected as inadmissible 
Section 68 
The amount for the fees, service costs and other payments provided fOl in this Act 
shall be stipulated in the regulations. It shall also be possible to decide by regulation that 
the renewal fee referred to in Section 41 may be cancelled for one or more fee years. 
Section 69 
The Minister of Industry shall lay down fU! ther provisions concerning patent 
applications and theit processing, concerning the arrangement and keeping of the Register 
of Patents, concerning the publication and contents of the Patent Gazette, concerning the 
procedures of the Patent Office and the Patent Board of Appeal, and concerning the general IP/N/1/ISLlP/1 
Page 19 
implementation of this Act It may thus be prescribed that the recOlds of the Patent 
Authority relating to applications filed shall be available to the public 
The Minister of Industly may dilect that, at the request of the authority of another 
countly, the Patent Authority may inforn1 the said authority of the processing of patent 
applications filed in this country The Minister of Industry may also direct that the Patent 
Authority in this country, in deciding whether the conditions for patentability are complied 
with, may accept novelty searches which have been carried out for that purpose by a 
corresponding authority in anothel country or by an international institution 
The Minister of Industry may fUlthermore direct that, at the lequest of the Patent 
Authority and within a time limit fixed by that Authority, any applicant who, in any country, 
has filed a corresponding application for a patent shall furnish inforn1ation about the result 
of the examination as to the patentability of the invention which has been communicated 
to him by the patent authority of that country and transmit a copy of the correspondence 
to the said authority. However, no obligation to furnish information may be prescribed in 
respect of any application referred to in Part III of this Act which has been the subject of 
an international preliminary examination on which a report has been filed with the Patent 
Authority 
Section 70 
In a case of extreme necessity in the event of an emergency due to natural disaster, 
war or imminent risk of war, the Minister of Industry may direct that all rights for the 
exploitation of an invention devolve on the state or any other paJty that the Minister directs. 
FuIl compensation shall be payable for such a transfer but if no agreement can be reached 
on the amount of compensation a decision shall be made according to criteria laid down 
in Act no. 11/1973. 
If, on the grounds referred to in Paragraph 1, the right to exploit an invention is 
transferred to a party other than the state and if the said party fails to pay the appropriate 
compensation the state is obliged, on demand of the party who has right to compensation, 
to pay the amount without delay 
Section 71 
The Patent Office may undertake projects involving the acquisition and processing of 
data in its keeping or which it has access to and which is available to the public. Rules 
for governing such service and fees shall be laid down in the regulations 
Section 72 
If, apart from cases refened to in Paragraph 2, the non-observance of a time limit 
vis-a.-vis the Patent Authority prescribed by or provided for in this Act causes a loss of 
rights to an applicant and he or his agent has taken all due care reasonably required, and 
if he takes appropriate action within two months after the removal of the cause of non­
observance though not latel than one year after the expiry of the time limit, the Patent 
Authority shall re-establish his rights In order for the right to be re-established the applicant 
shaH, within the same time limit, provide a written request in this regald and pay the 
required fees 
The provisions of ParagIaph 1 apply mutatis mutandis if an applicant or a proprietor 
of a patent has not paid a renewal fee within the time limit prescribed in Paragraph 3, 
Section 41 or Paragraph 3, Section 42 provided that the request for re-establishment of 
rights is filed and the renewal fee is paid not later than six months after the expiry of the 
time limit. 
The provisions of Paragraph 1 shall not apply to the time limit referred to in Paragraph 
1, Section 6 and Paragraph 3, Section 25 IP/N/1/ISLlP/l 
Page 20 
Section 73 
If, in cases referred to in Sections 31 and 38, the applicant has sent documents 01 
fees by post, but these wele not received in due time, and if the required documents ancl 
fees are received by the Patent Authority within two months after the date on which the 
applicant noticed or should have noticed that the time limit was exceeded and not later 
than one year after the expiry of the time limit, the Patent Authority shall re-establish the 
rights, provided that 
1. within 10 days preceding the expilY of the time limit the postal service was interrupted 
on account of wars, revolution, civil disorder, strike, natural disaster or other like 
reason in the locality where the sender is staying or has his place of business, and 
the mailing of documents or fees to the Patent Authority is effected within five days 
after the resumption of the postal service, or 
2 the mailing of documents or fees was effected by registered mail to the Patent 
Authority not later that five days prior to the expiry of the time limit, though only if 
the mailing was effected by airmail, where possible, or if the sender had every reason 
to believe that surface mail would not arrive later than two days after the date of 
mailing. 
If the applicant wishes to have his rights re-established under Paragraph 1, he shall 
file a written lequest to that effect with the Patent Authority within the expiry of the time 
limit referred to. 
Section 74 
When a request under Sections 72 or 73 has been accepted and, in consequence, a 
patent application which has been shelved or refused after having been made available to 
the public shall be processed further, or a lapsed patent shall be regarded as maintained, 
a notice to that effect shall be published 
Any person who, after the expiry of the time limit prescribed for the resumption of 
proceedings in respect of a shelved application or after the refusal of the application 01 
after the advertisement of the lapse of the patent, but prior to the publication of the notice 
under Paragraph 1, in good faith has commenced a commercial exploitation of the invention 
in this country or made substantial preparations for such exploitation, may continue the 
exploitation retaining its general character 
The right provided for in Paragraph 2 shall only be transferred to others together with 
the business in which it has arisen or in which the exploitation was intended 
PART XI 
Provisions Concerning Entry into Force 
Section 75 
This Act shall enter into force January 1, 1992 and at the same time Act no.12 of 
June 20, 1923 on Patents shall lapse, with the exceptions of the restrictions attached to 
other provisions of this Part. At the same time Act no 15 of April 2, 1946 amending Act 
no.12/1923 shall also lapse. 
Patents for pharmaceuticals shall not be granted until after five years have elapsed 
from the entry into force of this Act A patent may, however, be granted for specific 
methods for the preparation of such compounds. 
[Patents for stimulants or foodstuffs may be granted on the basis of applications filed 
after 1 January 1992 ]1) 
The provisions of Part III of this Act shall not enter into force until public notification 
has been made that Iceland has become a member of the Patent Cooperation Treaty. 
The provisions of Sections 8, 22 and 56 of this Act relating to the deposit of cultllles IP/NIlIISLlPI 1 
Page 21 
of microorganisms shall not enter into force until a date has been set by the regulations, 
and shall only apply to applications filed after the said date. 
11 Act 110 6711993, Sect 2 (mlid jio/ll Jall/m!\' 1 1994) 
Section 76 
This Act shall apply to patents granted in accordance with previous Acts or which 
are pending, with the following exceptions' 
1 patents which are referred to in the first sentence of this Section shall only be revoked 
under provisions of Section 20, Act no. 12 of June 20, 1923, 
2 the term of patents granted 10 years previous to the entry into force of this Act or 
earlier, shall be according to Paragraph 1, Section 4 of Act no 12 of June 20, 1923 
The term of other patents granted in accordance with previous legislation shall be in 
accordance with this Act, the tenn, however, never being for a period shorter than 15 
years from the date of registration; 
3. the provisions of Act no. 12 of June 20,1923 concell1ing extension of patents continue 
to apply to those patent extensions which were granted according to the said Act. 
Section 77 
If any person has acquired the right to exploit an invention under Paragraph 1, Section 
6 of Act no. 12 of June 20, 1923 prior to the entry into force of this Act, this right shall 
be maintained notwithstanding that the requirements of Section 4 are not fulfilled 
Section 78 
[With regard to the processing of, and decisions regarding the patentability of, 
applications which were filed before 1 January 1992, the provisions of Law No. 12 of 20 
June 1923 shall apply, with those exceptions which may result from other provisions of 
this Part.] I) 
I) Au 110 6711993, SeLf 3 (valid flom Jallllmy 1 1994) 
Section 79 
[Should an application, which was accepted for processing by the Patent Authority 
before 1 January 1992, not have been advertised before that time, in accordance with 
Section 13 of Law No. 12 of 20 June 1923, the provisions of this Act regarding the 
processing of the application shall apply] I) 
11 Au Jj() 6711993, Sect 4 (I'alid tlO/ll Jallll(lJY 1 1994) 
Section 80 
Any person who at the entry into force of this Act has commenced commercial 
exploitation of an invention which under Act no, 12 of June 20, 1923 was not patentable 
or has made substantial preparations for such exploitation, may continue the exploitation 
in accordance with Section 4 of this Act, regardless of whether the exploitation or 
preparations concerned began after a patent application for the invention was made or of 
whether a patent is subsequently granted 
Any person who at the entry into force of this Act has commenced a commercial 
exploitation of an invention f01 which another party owns the patent, or has made 
substantial preparations for such exploitation, and the said exploitation is not prohibited 
under Section 5, Act no 12 of June 20, 1923, may continue the exploitation retaining its 
general character notwithstanding that the exploitation is prohibited under Section 3 of this 
Act This right shall only be transferred to others together with the business in which it 
has arisen or in which the exploitation was intended IP/NIlIISLlP/l 
Page 22 
Section 81 
If an invention has entered the public domain before the entry into force of this Act 
due to action taken by the applicant or his agent, and if a patent application for the said 
invention is made within 6 months from the entry into force of this Act, only Subsection 
4, Paragraph 2, Section 1, of Act no. 12 of June 20,1923 shall apply concerning the extent 
to which it is possible to grant a patent with regard to the above action and to what extent 
a patent which has been granted shall be revoked 
Section 82 
Renewal fees for patents that are pending or have been granted in accordance 'hith 
previous legislation first become due, after the entlY into force of this Act, on the date 
when the patent fee according to present regulations, cf Section 8 of Regulation no. 
59/1966, would have next become due Thereafter renewal fees become due in accordance 
with this Act 
Renewal fees shall be paid for applications which have been filed previous to the 
entry into force of this Act. The first payment of such fees shall be calculated from the 
first occurrence of the date on which the application was originally filed after the entl y 
into force of this Act. Renewal fees for the first two years do not, however, become due 
until the renewal fee for the third year becomes due. 
Done in Reykjavik, March 20, 1991 
Steingrimur Hermannsson Gu<5run Helgadottir Gu<5run Erlendsdottir 
Jon Sigurosson