Greece: Patent system moves towards substantive examination

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Greece: Patent system moves towards substantive examination

Sponsored by

patrinos-logo.png
lianhao-qu-lfan1gswv5c-unsplash.jpg

Constantinos Kilimiris of Patrinos & Kilimiris explains how a recent amendment in the provisions of the Greek patent law resolves a long-standing issue which prevented amending applications

The Greek patent system is one that does not provide for substantive examination of patent applications. A national patent application will receive formalities examination and, upon payment of the search fees, a search report on prior art will be provided with the option of obtaining a reasoned opinion from the examiner. The patent will be granted, upon payment of the grant fees, and the search report will be published together with the granted patent.

The validity of such patents can be challenged at court by any third party either in nullity proceedings, or as a defense, in infringement proceedings. In this way, substantive examination on patentability is in practice deferred until a patent is actually litigated and the court will have the chance to rule on patentability on the basis of the search report and opinion accompanying the granted patent.

One of the problems arising with the above patent system was that, upon receipt of the search report, the applicant did not have the possibility to amend his application in order to address the examiner’s objections based on the prior art cited.

This problem has now been resolved with a recent amendment in the provisions of the Greek patent law (1733/87). According to the new provisions, the applicant now has the possibility, within three months from receipt of the search report, to limit his application by submitting amendments in the claims and description addressing the prior art cited.

The examiner will consider the amended claims and draft a final search report that will be published with the granted patent.

While the recent amendments in the patent law still do not provide for substantive examination, they do provide the applicant with the possibility of limiting his application and obtaining a favourable search report, without the need to do so in litigation proceedings.

This seems to take a step towards the introduction of a long-awaited substantive examination patent system in Greece.

 

Constantinos KilimirisPartner, Patrinos & KilimirisE: ckilimiris@patrinoskilimiris.com

more from across site and SHARED ros bottom lb

More from across our site

Leaders at the newly merged firm Jones Maxwell Smith & Davis reveal their plan to take on bigger firms while attracting more clients and talent
Charles Achkar, who will bring a team of two with him, said he was excited about joining ‘one of the few strong IP boutiques’
Andy Lee, head of IP at Brandsmiths and winner of the Soft IP Practitioner of the Year award, tells us why 2024 was a seminal year and why clients value brave advice
The deal to acquire MIP's parent company is expected to complete by the end of May 2025
Jinwon Chun discusses the need for vigilance, his love for iced coffee, and preparing for INTA
Karl Barnfather’s new patent practice will focus on protecting and enforcing tech innovations in the electronics, AI, and software industries
Partner Ranjini Acharya explains how her Federal Circuit debut resulted in her convincing the court to rule that machine learning technology was not patent-eligible
Paul Hastings and Smart & Biggar also won multiple awards, while Baker McKenzie picked up a significant prize
Burford Capital study finds that in-house lawyers have become more likely to monetise patents, but that their IP portfolios are still underutilised
Robert Reading and Faidon Zisis at Clarivate unpick some of the data surrounding music-related trademarks
Gift this article