WIPO - PCT Applicant's Guide IS - Iceland
Icelandic Intellectual Property Office (ISIPO)

Applicable as from 15 September 2023
(published on 15 September 2023)

Summary of latest changes in this version
From now on, you will find here a summary of changes to each new version of the PCT Applicant's Guide, as well as the detailed list of these changes. Moreover, you can now easily access the historical versions of the Guide.

GENERAL INFO: Contact details
ANNEXES: National Fees

Consult the full list of the changes
Advance notice: The Office has notified the IB of changes entering into force soon; you can already consult the changes that will be effective from 1 Jan 2024.

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.
In case of question, please contact the Office or the International Bureau (pct.guide@wipo.int).
List of abbreviations used in this document:
Office: Icelandic Intellectual Property Office (ISIPO)
IPL: Patents Act (Iceland)
IPR: Regulation Concerning Patent Applications, etc
List of currencies used in this document:
ISK (Icelandic krona)
Countries and Offices information:
The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.
Office profile
For more technical information about the Office, refer to ePCT Office profile.
PCT Reservations, Declarations, Notifications and Incompatibilities
The Office does not have any reservations, declarations, notifications or incompatibilities.
Refer to the full list.
Office Closed dates
The Office is closed weekly on Saturday and Sunday
Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:
Iceland
Two-letter code:
IS
Iceland - Icelandic Intellectual Property Office (ISIPO)
Name of Office:
Icelandic Intellectual Property Office (ISIPO)
Location:
Katrínartún 4
IS-105 Reykjavík
Iceland
Mailing address:
Same as above
Telephone:
(354) 580 94 00
E-mail:
hugverk@hugverk.is
isipo@isipo.is
Website:
Facsimile:
None
Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?
Yes, by e-mail
Which kinds of documents may be so transmitted?
All kinds of documents
Must the original of the document be furnished in all cases?
No
Does the Office send notifications via e-mail in respect of international applications?
Yes
Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?
Yes, provided that the delivery service is:
DHL
TNT
other express delivery company which provides a proof of receipt
Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?
No
Competent receiving Office(s) for international applications filed by nationals or residents of this State:
EP
European Patent Organisation - European Patent Office (EPO)
, 
IB
International Bureau of the World Intellectual Property Organization (WIPO) - International Bureau of WIPO
, 
IS
Iceland - Icelandic Intellectual Property Office (ISIPO)
Does national legislation restrict the filing of international applications with foreign Offices?
Refer to the Office
Competent designated (or elected) Office(s) for this State:
National protection: IS
European patent: EP
Types of protection available via the PCT:
National:
Patents
European:
Patents
Availability under the national law for an international-type search (PCT Article 15):
Section 9 of the Icelandic Patent Act and Section 25 of the Regulation Concerning Patent Applications
Provisional protection after international publication:
Where the designation is made for the purposes of a national patent:
After international publication, the furnishing of a translation of the abstract and claims into Icelandic gives the applicant provisional protection in the sense that, upon grant of the patent, he is entitled to damages. These are limited to what is judged reasonable under the circumstances and the protection is limited to what is claimed in both the application and the patent. Refer to Sections 33, 58 and 60 of the Patent Act.
Where the designation is made for the purposes of a European patent:
Compensation reasonable in the circumstances, on condition that any national requirements relating to the translation into Icelandic of the claims of the application have been met, and upon grant of the patent. Protection is limited to what is claimed in both the application and the patent (refer to Section 83 of the Patent Act).
Information of interest if this Contracting State is designated (or elected)
For national protection
Time when the name and address of the inventor must be given:
May be in the request or may be furnished later. If the data concerning the inventor are missing at the expiration of the time limit under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within the time limit fixed in the invitation.
Are there special provisions concerning the deposit of microorganisms and other biological material?
Yes, refer to Annex L.
For a European patent
Refer to Annex B(EP)

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:
Iceland
Language in which international applications may be filed:
If the language in which the international application is filed is not accepted by the International Searching Authority (refer to Annex D), the applicant will have to furnish a translation (PCT Rule 12.3). If the language in which the international application is filed is not a language of publication and no translation is required for the purposes of international search (PCT Rule 12.3(a)), the applicant will have to furnish a translation of the application into English (PCT Rule 12.4(a))
Danish, 
English, 
Norwegian, 
Swedish
Language accepted for language-dependent free text in the sequence listing:
The Office has not specifically notified the International Bureau of the language that it accepts under PCT Rule 12.1(d).
Same as above
Language in which the request may be filed:
English
Number of copies required by the receiving Office if application filed on paper:
1
Does the receiving Office accept the filing of international applications in electronic form?
Yes, the Office accepts electronic filing via EPO Online Filing or ePCT-Filing
For the relevant notification by the Office, refer to the Official Notices (PCT Gazette) dated 10 December 2015, pages 203 et seq.
Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the receiving Office”).
Where the international application contains a sequence listing as a separate part of the description, this should be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format. If the receiving Office does not accept international applications in electronic form in such format, the international application will be transmitted to the International Bureau as receiving Office (PCT Rule 19.4(a)(ii-bis)).
Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?
Yes, the Office applies the “due care” criterion to such requests
Competent International Searching Authority:
EP
European Patent Organisation - European Patent Office (EPO)
, 
SE
Sweden - Swedish Intellectual Property Office (PRV)
, 
XN
Nordic Patent Institute - Nordic Patent Institute
Competent International Preliminary Examining Authority:
EP
European Patent Organisation - European Patent Office (EPO)
, 
SE
Sweden - Swedish Intellectual Property Office (PRV)
, 
XN
Nordic Patent Institute - Nordic Patent Institute
Fees payable to the receiving Office:
Transmittal fee:
18,200 ISK
International filing fee:
195,300 ISK
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
Fee per sheet in excess of 30:
2,200 ISK
Reductions (under Schedule of Fees, item 4):
Electronic filing (the request in character coded format):
29,400 ISK
Electronic filing (the request, description, claims and abstract in character coded format):
44,100 ISK
Search fee:
Refer to
Annex D(EP)
Annex D(SE)
Annex D(XN)
Fee for priority document (PCT Rule 17.1(b)):
4,900 ISK
Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):
43,500 ISK
Is an agent required by the receiving Office?
No, if the applicant resides in Iceland
Yes, if the applicant is a non-resident
Who can act as agent?
Any natural or legal person residing in the European Economic Area (EEA), in a member state of the European Free Trade Association (EFTA) or in the Faroe Islands
Waiver of power of attorney:
Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).
Has the Office waived the requirement that a separate power of attorney be submitted?
Yes
Particular instances in which a separate power of attorney is required:
Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated on the request form at the time of filing
Has the Office waived the requirement that a copy of a general power of attorney be submitted?
Yes
Particular instances in which a copy of a general power of attorney is required:
Upon appointment of, or for any paper submitted by, an agent or a common representative who was not indicated on the request form at the time of filing

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices
Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.
For a list of these institutions refer to:
http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf
Notifications related thereto may be consulted under:
http://www.wipo.int/treaties/en/registration/budapest/
Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:
http://www.wipo.int/budapest/en/guide/index.html
Time (if any) earlier than 16 months from priority date by which applicant must furnish:
— the indications prescribed in Rule 13bis.3(a)(i) to (iii):
Where applicant requests publication earlier than 16 months from the priority date, not later than that request
— any additional indications:
At the time of filing (as part of the application)
Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:
To the extent available to the applicant, all significant information on the characteristics of the microorganism
Additional information
The applicant may request that, until a patent has been granted or a final decision taken by the Icelandic Intellectual Property Office (ISIPO) concerning an application which has not resulted in a patent, the furnishing of a sample shall only be effected to an expert in the art. The request to this effect shall be filed by the applicant with the Icelandic Intellectual Property Office (ISIPO) not later than at the time when the application is made available to the public under Sections 22 and 33(3) of the Icelandic Patent Act. If such a request has been filed by the applicant, any request made by a third party for the furnishing of a sample shall indicate the expert to be used. That expert may be any person entered on a list of recognized experts drawn up by the Icelandic Intellectual Property Office (ISIPO) or any person approved by the applicant in the individual case.

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:
Under PCT Article 22(3): 31 months from the priority date
Under PCT Article 39(1)(b): 31 months from the priority date
Translation of international application required into (one of) the following language(s):
Must be furnished within the time limit applicable under PCT Article 22 or 39(1). However, where a language other than Icelandic was used the Office will, before the application is made available to the public, invite the applicant to furnish a translation into Icelandic of the abstract, claims and text matter of the drawing which will appear with the abstract
Danish, 
English, 
Icelandic, 
Norwegian, 
Swedish
Required contents of the translation for entry into the national phase:
Must be furnished within the time limit applicable under PCT Article 22 or 39(1). However, where a language other than Icelandic was used the Office will, before the application is made available to the public, invite the applicant to furnish a translation into Icelandic of the abstract, claims and text matter of the drawing which will appear with the abstract
Under PCT Article 22: Description, claims (if amended, as originally filed or as amended together with any statement under PCT Article 19, at applicant’s option), any text matter of drawings, abstract
Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, as originally filed or as amended by the annexes to the international preliminary examination report, at applicant’s option)
Is a copy of the international application required in particular circumstances?
No
National fees:
Application fee 1
67,800 ISK
Claim fee for each claim in excess of 10 2
4,400 ISK
Additional fee for late furnishing of translation 3
18,300 ISK
Annual fees for the first three years 4
34,800 ISK
Exemptions, reductions or refunds of fees:
None
Special requirements of the Office (PCT Rule 51bis): 2
Name and address of the inventor if they have not been furnished in the “Request” part of the international application 5
If the applicant is someone other than the inventor, the application must state how the applicant acquired title to the invention 5
Appointment of an agent if applicant is not resident in Iceland
Who can act as agent?
Any natural or legal person residing in the European Economic Area (EEA), in a member state of the European Free Trade Association (EFTA) or in the Faroe Islands
Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?
Yes, the Office applies the “due care” criterion to such requests

The procedure in the national Phase

IS.01 FORM FOR ENTERING THE NATIONAL PHASE
The Office has available a special form for entering the national phase (refer to Annex IS.II). This form should preferably (but need not) be used.
IS.02 LANGUAGE OF PROCEEDINGS
The language of correspondence may be Danish, English, Icelandic, Norwegian or Swedish although the Office may require a translation into Icelandic where needed.
IS.03 TRANSLATION (LATE FURNISHING OF)
IPL Sec. 31(3)
If the translation of the international application has not been furnished by the applicant within the time limit applicable under PCT Article 22 or 39(1) but the national fee indicated in the Summary has been paid within that time limit, the translation can still be furnished within a further period of two months, provided that the additional fee for late furnishing of the translation, indicated in the Summary, has been paid within those two months.
IS.04 TRANSLATION (CORRECTION)
Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003).
IS.05 FEES (MANNER OF PAYMENT)
The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex IS.I.
IS.06 TITLE TO THE INVENTION
IPL Sec. 8(4), IPR Art. 3
If the applicant is someone other than the inventor, the application must state how the applicant acquired title to the invention. Refer to paragraph 8 of the special form for entering the national phase (Annex IS.II). This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17. The Office can demand documentation proving the right of the applicant to the invention.
IS.07 POWER OF ATTORNEY
IPL Sec. 12, IPL Sec. 33(2)
An agent may be appointed either by filing a separate power of attorney or in a special form referred to in paragraph IS.01. A model of a separate power of attorney is given in Annex IS.III.
IS.08 SEARCH AND EXAMINATION
IPR Art. 23
In accordance with a special agreement, the Danish Patent and Trademark Office carries out search and examination on Icelandic patent applications. No special request is necessary. The Icelandic Intellectual Property Office (ISIPO) may also take into consideration searches and examinations carried out by other searching and examining authorities.
IS.09 AMENDMENT OF THE APPLICATION; TIME LIMITS
PCT Art. 28, PCT Art. 41
The applicant may make the following modifications before the Office, provided that the scope of the subject matter of the application is not broadened thereby:
IPL Sec. 31
(i) within 31 months from the priority date: corrections of defects and voluntary amendments;
IPL Sec. 19-21, IPR Art. 30-35
(ii) up to the notification that a patent can be granted: amendments or additions to the description and drawing(s) if they are necessary to comply with general requirements under PCT Articles 5 and 7; amendments or additions to the claims, which, unless the Office allows otherwise, must be made by filing a new document comprising all of the claims in sequence; where additions are made to the claims, the applicant must at the same time file a statement indicating the reference basis for these additions.
IS.10 GRANT FEE
IPL Sec. 19
A grant fee must be paid within two months after the date of the notification that a patent can be granted. The amount of the fee is indicated in Annex IS.I.
IS.11 TRANSLATION FOR GRANT PURPOSE
IPL Sec. 31(3), IPL Sec. 19, IPR Art. 5
Together with the notification that a patent can be granted upon payment of the grant fee (refer to paragraph IS.10), the applicant is invited to furnish, within four months after the date of that notification, a translation of the final version of the patent claims, abstract and text of drawings into Icelandic and a translation of the final version of the description into Icelandic or English, if it is not already available.
IS.12 RENEWAL FEES
IPL Sec. 8(5), IPL Sec. 40, IPL Sec. 41
Renewal fees must be paid for each year following the international filing date. For the due date of renewal fees for the first three years, refer to the Summary. Payment of the subsequent renewal fees must be made before the expiration of the month containing the anniversary of the international filing date. Payment can still be made, together with a 20% surcharge for late payment, before the expiration of the sixth month after the month containing the anniversary of the international filing date. The amounts of the renewal fees are indicated in Annex IS.I. Renewal fees may not be paid earlier than three months before the due date.
IS.13
IPL Sec. 42
If the applicant or the patent owner is the inventor, and if the payment of the renewal fees is deemed to involve great difficulties for him, the Office may grant him a temporary exemption from the payment thereof of up to three years, provided that a request to that effect is submitted not later than the date on which the renewal fees fall due the first time.
IS.14 REVIEW UNDER ARTICLE 25 OF THE PCT
PCT Art. 25, PCT Rule 51, IPL Sec. 24(1), IPL Sec. 25(1)
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. If, upon review under PCT Article 25, the Office denies an error or omission on the part of the receiving Office or the International Bureau, an appeal against this decision may be lodged with the Board of Appeals within two months from the date of the decision. Within the same two-month time limit, a fee for appeal must be paid (for the amount, refer to Annex IS.I).
IS.15 EXCUSE OF DELAYS IN MEETING TIME LIMITS
PCT Art. 24(2), PCT Art. 48(2), PCT Rule 82bis, IPL Sec. 72, IPL Sec. 73
Reference is made to paragraphs 6.022 to 6.027 of the National Phase. Reestablishment of rights may be requested where the applicant, in spite of all due care reasonably required, was unable to observe a time limit during the international phase or before the Office, default of which is prejudicial to his rights. A request for reestablishment must be presented in writing within two months after the removal of the cause of the failure to perform the action but not later than one year from the expiration of the time limit which has not been observed. Within the said two months, the omitted act must be completed, the fee for reestablishment of rights must be paid and the request must state the grounds on which it is based and set out the facts on which it relies. The amount of the fee for reestablishment of rights is indicated in Annex IS.I.
IS.16
IPL Sec. 15
Resumption of proceedings concerning the application may be requested from the Office where the applicant missed a time limit which has been fixed for a certain action by the Office. Resumption of proceedings may not be requested where the missed time limit is fixed in the PCT, the PCT Regulations, the Icelandic Patent Act or the Icelandic Patents Decree. A request for resumption of proceedings has the effect that the proceedings for grant will be resumed, provided that, within four months from the expiration of the missed time limit, the said request is presented in writing, the resumption fee is paid and the omitted act has been completed. The amount of the fee for resumption of proceedings is indicated in Annex IS.I.

Annexes

Annex IS.I - Fees
Application fee
67,800 ISK
Claim fee for each claim in excess of 10
4,400 ISK
Additional fee for late furnishing of translation
18,300 ISK
Grant fee:
— publication fee (for the first 40 pages of the description, patent claims, abstract and drawings)
29,000 ISK
— additional fee for each subsequent page in excess of 40
1,300 ISK
— additional fee for each claim added after the filing of the application
4,400 ISK
Fee for reissuing a patent
29,000 ISK
Fee for amendment of claims and reissuing a patent
29,900 ISK
Fee for change of applicant’s name or address or change regarding the agent
3,700 ISK
Fee for reestablishment of rights
43,500 ISK
Fee for restoration of priority
43,500 ISK
Appeal fee
85,000 ISK
Resumption fee
11,600 ISK
— if the application has been previously resumed
11,600 ISK
Annual fees:
— for the 1st to the 3rd year, per year
— for the 1st to the 3rd year
per year 11,600 ISK
— for the 4th year
13,400 ISK
— for the 5th year
14,600 ISK
— for the 6th year
15,800 ISK
— for the 7th year
17,600 ISK
— for the 8th year
19,400 ISK
— for the 9th year
21,800 ISK
— for the 10th year
24,200 ISK
— for the 11th year
26,600 ISK
— for the 12th year
29,000 ISK
— for the 13th year
32,000 ISK
— for the 14th year
36,200 ISK
— for the 15th year
40,500 ISK
— for the 16th year
44,700 ISK
— for the 17th year
50,200 ISK
— for the 18th year
55,100 ISK
— for the 19th year
60,400 ISK
— for the 20th year
66,500 ISK
Supplement for late payment of annual fees
20% of the applicable annual fee
How can payment of fees be effected?
Fees can be paid in cash or check to the Office, or to the Office’s bank account
Name of bank
Landsbankinn hf
Address
Austurstræti 11
155 Reykjavík
Beneficiary
Hugverkastofan
Address
Katrínartún 4
105 Reykjavík
Account No.
0111-26-12189
IBAN No.
IS71 0111 2601 2189 6501 9121 89
SWIFT code
NBIIISRE
All payments must indicate the application number (national, if already known; international, if the national number is not yet known)
Forms
The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.
Annex IS.II - National processing request form
Annex IS.III - Power of attorney
Notes:
1 a Must be paid within the time limit applicable under PCT Article 22 or 39(1).
2 a b If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.
3 a Where the basic national fee has been paid within the applicable time limit under PCT Article 22 or 39(1), the prescribed translation may be filed within a further period of two months, provided that it is accompanied by the additional fee.
4 a These fees are payable within two months after performing the acts for entering the national phase.
5 a b This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
Current version applicable from 15 Sep 2023 , printed on 6 Dec 2023
1.6 #47 - 2023-10-25T11:28:17.691+02:00