Greece: Patent system moves towards substantive examination

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

A decision on a licensing rate payable by Warner Bros and Paramount, and a survey outlining UK businesses’ lack of IP preparation ahead of launching abroad, were among other major talking points
A fresh wave of deals highlights why investors favour IP firms and why independent outfits may soon have to rethink their strategy
King & Spalding has now hired 15 partners from Winston Taylor and legacy firm Winston & Strawn in offices spanning Texas, San Francisco, and Chicago
Firm says its work with a biotech client could signal a sea change in how - and when - law firms enter the drug development process
Evan Lazerowitz, attorney in Robinson + Cole’s bankruptcy and reorganisation group, offers key takeaways for IP interested parties in bankruptcy and insolvency proceedings
While the UK sees heavy IP rankings movement, Germany’s new tiered UPC table signals a shift from early adoption to market maturity
In an exclusive interview, Bernard Ledeboer reveals how a Consolid-backed group of firms wants to expand across Europe, invest in AI and centralise operations to compete at the top tier
Not all private equity firms are the same, so leaders at four externally backed IP firms came together to discuss the frameworks they followed and how they ensured a cultural fit
Top-tier German and Spanish firms are among the advisers on a Europe-wide copyright and licensing tussle concerning the design of the track circuit in Madrid
Partners Alex Wilson and Andreas Kramer say bigger law firm rivals don’t necessarily gain by having a wider jurisdictional reach
Gift this article