Tuesday, 20 January 2015

Saudi Patent Office AND GULF ( GCC Patent office)


http://www.gccpo.org/DefaultEn.aspx

The Patent Office of the Cooperation Council for the Arab States of the Gulf is delighted to announce launching the electronic filing system for patent applications "Protection" in its trial version, starting from the second of August of 2014, through the office's official website on the internet www.gccpo.org.
The "Protection" system launch comes within the frame of the office's comprehensi...More

The GCC Patent Office (GCCPO) is a regional patent office based in Riyadh, Saudi Arabia, within the Secretariat General of the Gulf Cooperation Council (GCC). It was established in 1992 and began operations in 1998. The GCC Patent Office grants patents valid in all GCC member states. The first GCC patent was granted in 2002. As of 2013, it employed about 30 patent examiners.[1]

References

Mizael Al-Harbi, Hussam Al-Muqhim (18 April 2013). "Gulf countries: introduction to the GCC patent system". East meets West 2013. Austria.

External links


The Gulf Cooperation Council Patent Office (GCC Patent Office) is a unified patent office that serves as a convention patent office for the states of the Gulf namely, Saudi Arabia, Bahrain, Kuwait, Oman, Qatar and United Arab Emirates. The GCC Patent Office became operational in 1998. Saudi Arabia is a member of the Gulf Cooperation Council. A patent issued by the GCC Patent Office is valid and enforceable in all GCC States.
Under GCC Patent Law, it is possible to claim priority from an earlier foreign application. As compared with the Saudi Patent Office the examination process is much faster in the GCC Patent Office. Moreover, the GCC Patent Office has the following advantages:
  1. Filing a GCC Patent application will be more cost-effective than filing six separate national applications.. Therefore, by filing one application at the GCC Patent Office, protection is granted in all GCC States at a reduced cost.
  2. A Patent granted by the GCC Patent Office is valid and enforceable in all GCC States (Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and U.A.E)
  3. The term of protection under GCC Patent Law is 20 years counted from the date of filing the patent application with the GCC Patent Office as opposed to 15 years as far as the other national patent laws are concerned.
  4. Duplication of registration is possible. It is possible to file a patent application in one or more of the GCC States and at the same time seek convention protection by filing at the GCC Patent Office.
  5. Compulsory Licensing under GCC Patent Law is now subjected to detailed conditions in conformity with the provision of the Trips Agreement.
  6. Importation of a patented product into GCC States will be considered as full exploitation of the invention.
  7. The GCC is taking the necessary steps to join Paris and PCT treaties in the near future.
  8. The Examination of applications is carried out by an Austrian and Australian Patent Offices.
The requirements for filing a new GCC patent application are as follows:
  1. Documents that must be filed along with the application:
    Specifications, Claims, Drawings (if any) and Abstract of the invention in English and Arabic.
  2. Documents that may be filed belatedly within 90 days from the filing date:
    1. A Power of Attorney from the applicant.
    2. An Extract from the Commercial Register or a certified copy of the Certificate of Incorporation of the applicant if the applicant is a corporate body.
    3. A Deed of Assignment, if the applicant is not the inventor.
    4. A Certified copy of the Priority document, if the applicant is claiming priority on the basis of a foreign application. Item Nos. 1,2 & 3 should be legalized up to any one of the GCC States Consulates.

Image result for saudi arabia




Industrial property is one of the branches of intellectual property. It refers to the protection of rights related to the creations of the mind applied in industrial, commercial, and agricultural fields. It covers:
• Inventions
• Industrial Designs
• Plant Varieties
• Layout Designs of integrated circuits
• Trademarks
• Geographical indications of source
King Abdulaziz City for Science and Technology (KACST) grants protection documents for inventions, layout designs of integrated circuits, plant varieties and industrial designs.
History of Industrial Property in Saudi Arabia.

In 1982, KACST was notified of the Royal Decree approving the accession of Saudi Arabia to the World Intellectual Property Organization (WIPO). Accordingly, patents has been assigned to KACST since intellectual property is essentially about patents and technology transfer and KACST is the scientific body qualified for this mission.
The first Law of Patents was issued by the Royal Decree No. (M / 38) dated 10/6/1409 H (18/1/1989 AD). The Law aimed to provide protection for inventions in Saudi Arabia, and it was modified in 19 / 7 / 1425 H (4/9/2004 AD).
The modified Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Designs was issued by the Royal Decree No. (M/27) dated 17/7/2004 and was published in the Official Gazette (Om Alqura) in 7/8/2004, and became effective as of 5/9/2004.



Kingdom of Saudi Arabia
المملكة العربية السعودية
Al-Mamlakah al-Arabiyah as-Sa'ūdiyah

King Abdullah of Saudi Arabia (left) and Salman bin Abdulaziz Al Saud, the Crown Prince of Saudi Arabia on the right.
Patent Application Flowchart


Desgin Application Flowchart
Saudi Arabia has ratified the Berne Convention for the Protection of Literary and Artistic Works of 1886, revised in Paris on 24th July 1971 and the Paris Convention for the Protection of Industrial Property of 1883, both with effect from 11th March 2004. Three government authorities have authority to protect and enforce intellectual property rights: the Ministry of Commerce and Industry for trademarks, the Ministry of Culture and Information for copyright, and King Abdulaziz City for Science and Technology for patents.
Trademarks:
Trademarks are governed by the Trademarks Regulation, Royal Decree No. M/21 of 28th Jumada Awal 1423 Hejra corresponding to 8th August 2002 Gregorian, and its Implementing Rules of the same year. Applications for registration must be made to the Trademarks Office of the Ministry of Commerce and Industry which applies the ‘Nice Classification’ in accordance with the Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 1957.


Deera Square, central Riyadh. Known locally as "Chop-chop square", it is the location of public beheadings.[142]


Applications must contain the following particulars:
01. A copy of the trademark required to be registered.
02. Name, title, address, nationality and trade name of the applicant (if any). If the applicant is a juristic person, the name, address of the head office and nationality must be stated.
03. Where the application is submitted by an attorney, his name, title and address must be stated.
04. Description of the trademark required to be registered.
05. The products or services in respect of which the trademark is required to be registered, and the classification thereof.
06. Signature of the applicant or the attorney thereof.
07. Ten representations of the trademark identical to the trademark sample shown in the application for registration.
08. A copy of the power of attorney together with the original for verifying purposes must be attached where the application was submitted by an attorney of the person concerned.
09. Evidence of payment of application fees as stipulated in the Trademarks Regulation.
It is not permitted to register in Saudi Arabia, by other than its rightful owner, a trademark that is similar to an internationally known mark. Registration of a trademark allows holders protection for ten years from the date of application, renewable for similar periods. Any renewal must be specifically applied for before the end of the last year of expiry of the registration, and the procedure for renewal is the same as the one for the initial registration of the trademark. Service marks are included in the definition of trademarks. A trademark is deemed owned by the person who effects the registration. Once the registration is effected in the trademarks register, the party who has registered the trademark shall be considered the owner thereof to the exclusion of others.
A trademark can be licensed, pledged or transferred by the rightful owner. The trademark may be deleted or cancelled if it is not used for five consecutive years. Penalties for infringement of a valid trademark include imprisonment for a period of not more than one year and a fine of not less than SR50,000 and not more than SR1,000,000. Any civil or criminal disputes arising from the infringement are settled by the Board of Grievances.



The Nejd landscape: desert and the Tuwaiq Escarpment near Riyadh


Patents:
There are at present two overlapping patents systems in Saudi Arabia. The GCC Patents of Inventions Regulation of 2001, which is an amendment of an earlier statute of 1992, was approved in Saudi Arabia by Royal Decree No. M/28 of 2001. This permits the registration of patents with effect throughout the GCC countries. The GCC Patent Office is based in Riyadh.
Under Saudi Arabian law, patents are governed by the Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Models Regulation, Royal Decree No. M/27 of 20th Jumada Awal 1425 Hejra corresponding to 17th July 2005 Gregorian, which gives effect to the Paris Convention for the Protection of Industrial Property under Saudi Arabian domestic law.
A protection document is granted by the General Directorate of Patents at King Abdulaziz City for Science and Technology, which gives full protection within the Kingdom to an invention, a layout design of an integrated circuit, a plant variety, or an industrial design. The protection document grants the owner the right to commercially exploit the subject matter of protection.
Applications for a protection document must be filed at the Directorate in the Arabic language, and must include:
01. Names and addresses of the applicant(s) and inventor(s);
02. Name and address of the local agent and the authorization, if the applicant resides outside the Kingdom;
03. A brief title of the subject matter of the application, an original copy and certified copies of the complete specification and certified copies of other relevant details thereof like examination and research reports;
04. Priority and disclosure information including previous filings; and
05. Evidence of payment of the filing fee at a designated bank, stipulated by the Directorate.
The protection document is the personal right of the owner and he may transfer or assign it or grant a contractual licence to others to commercially exploit the subject matter of protection. Protection is granted to the owner for a duration of 20 years for an invention, 10 years for an industrial design and a layout design of an integrated circuit, and 20 to 25 years for a new plant variety. The above periods are renewable, for an annual fee.

Provinces of Saudi Arabia
Copyright
The Copyright Regulation, Royal Decree No. M/41 of 2nd Rajab 1424 Hejra corresponding to 30th August 2003 Gregorian and its Implementing Rules, Resolution of the Minister of Commerce and Industry No. M/W/1788/1 of 10th Rabi Thani 1425 Hejra corresponding to 30th May 2004 Gregorian, define copyright protection to include architectural designs, speeches, theatrical, musical, photographic and cinematographic works, as well as works for radio and television, maps, video tapes and computer software. Copyright protection is not subject to any registration or renewal. The Regulation gives the author financial and moral rights, to print or publish the work, to make amendments or to delete his work, to withdraw it from circulation, and to assign it as he wishes.
In general the duration of protection afforded to different types of Copyright works is as follows:
01. The period of protection of copyright for the author of a work shall be for the duration of his life and for a period of fifty years following his death.
02. The period of protection for works where the author is a corporate entity, or if the author’s name is unknown, shall be fifty years from the date of the first publication of the work.
03. The protection period for sound works, audio-visual works, films, collective works and computer programs is fifty years from the date of the first show or publication of the work, regardless of republication.
04. The protection period for applied art (handcrafted or manufactured) and photographs shall be twenty-five years from the date of publication.
05. The protection period for broadcasting organizations shall be twenty years from the date of the first transmission of program or broadcast materials.



Office of Saudi Aramco, world's most valuable company and main source of revenue for the state.
A special Copyright Violations Committee under the authority of the Ministry of Culture and Information presides over copyright infringement issues and it has broad powers to punish the infringer of a valid copyright including a fine of up to SR250,000 in the case of first time offenders, and this can be raised to SR500,000 if there is repeated infringement. The Committee may issue injunctions in certain cases and also order imprisonment of an offender. Any decision of the Violations Committee can be appealed by filing a claim with the Board of Grievances.

kacst
Saudi Arabia is the largest and richest of the Gulf States. Its wealth derives mainly from its vast reserves of oil and natural gas, which places the country as the largest exporter of petroleum and give it a leading role in the Organization of the Petroleum Exporting Countries. It possesses about one-fifth of the world's proven petroleum reserves. The Intellectual Property framework of Saudi Arabia has evolved to protect the different intellectual properly rights and to cope with the rapid globalization and technological change. Both globalization and technological advancement have presented significant economic opportunities and challenges to the IP system. As a result, IP rights have become increasingly important in the country, but many of the challenges facing the IP system have yet to be addressed.
The Patent Office in Saudi Arabia is located at the King Abdulaziz City for Science & Technology, an independent scientific organization of the Saudi Arabian Government established back in the year 1977. The Patent Office’s main activities and objectives are to:
(1) Apply the patent law and its implementing regulations: Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties and Industrial Designs
(2) Grant Saudi patents, Layout Designs of Integrated Circuits, Plant Varieties and Industrial Designs
(3) Establish a Registry for the collection of local and foreign Layout Designs of Integrated Circuits, Plant Varieties and Industrial Designs
(4) Publish the Patents Gazette
(5) Encourage the inventiveness of Saudi nationals.
The Office has taken a number of measures during the past years to hire and train examiners and translators in order to adequately handle patent applications.
Legislation
Law no. 159 on the Protection of Patents, Layout Designs of Integrated Circuits, Plant Varieties and Industrial Models.
Types of Patents
- Patents of Invention
- Divisional Patents
Priority Claim
Saudi Arabia is a member of the Paris Convention. Applicants can benefit from a right of priority of 12 months to file a corresponding Saudi patent application.
Patent Cooperation Treaty
Saudi Arabia has joined the PCT but still the entry of national phase of PCT application is not possible as the relevant regulations and laws have not been issued, we expect the implementation of PCT within next 6-12 months.



The Mosque of the Prophet in Medina containing the tomb of Muhammad.
Definition of an Invention
An invention must be novel, involves an inventive step and capable of industrial application. The invention may be a product, an industrial process or relates to either (Article 43).
Types of Claims
Product and process claims are acceptable. When a patent is granted for a process, any product made directly by such a process is also protected (Article 47(b)).
Exception to Protection
An invention is not patentable if it is: a discovery; a scientific theory or mathematical method; an aesthetic creation such as a literary, dramatic, or artistic work; a scheme or method for performing a mental act, games or business methods; the presentation of information; or a computer program.
Examination
- Novelty:
the invention must never have been made public in any way, anywhere in the world, before the filing date or the priority date.
- Inventiveness: an invention involves an inventive step if, when compared with what is already known, it would not be obvious to someone skilled in the relevant field.
- Industrial applicability: an invention must be capable of being made or used in some kind of industry.



Laboratory buildings at KAUST


Novelty
Absolute novelty is required. Any act that makes an invention available to the public before the filing date or priority date has the effect of barring the invention from being patented in Saudi Arabia (Absolute Novelty). Examples of acts that can make an invention available to the public are publications, sales, public oral disclosures and public demonstrations or use, etc. However, the patent application can still be filed if disclosure was very limited and can not be cited by the examiner. Also, a one year grace period is available if the disclosure of the invention was proven to be made without the knowledge or consent of the inventor (Article 44).  Wrong statement article 44 if disclosed within the priority period, but the exception is under article 30 of Implementing Regulations where the grace period is 6 months if the disclosure occurred because of abusive action.
Application Workflow
A formal examination is conducted first. If application fails to meet all the set requirements, the applicant will be notified and will be given a period of 90 days to complete the application. Once completed, the application will proceed to substantive examination. The examiner will assess the application for patentability (novelty and industrial applicability). If the claimed invention is not patentable, the applicant will be requested to present counter-arguments within 90 days from notification date. If the claimed invention is patentable, the applicant will be requested to settle the grant and publication fees. Accordingly, the letters patent will be issued and the decisions to grant the patent will be published in the Patent Official Gazette for opposition purposes.
Opposition
Oppositions may be filed within 90 days from publication date before the Board of Grievances.
Protection Term
The term of protection is 20 years from filing date.
Annuities
A maintenance fee is due annually on patents and is payable the first 3 months of each calendar year following the year the patent application was filed. There is a 3-month grace period for late payment with a surcharge.
Compulsory Licensing
A patent has to be worked. If the patent is not being fully exploited by the patentee within 4 years from the date of filing or 3 years from the date of grant, the patent will be subject to compulsory licensing under the provisions of the law.
Naming of the Inventor on the Letters Patent
Compulsory


Ibn Saud, the first king of Saudi Arabia
Employer and Employee’s Rights
Employer’s Rights
The employer shall be the patentee
(1) if the invention is made in execution of a contract or a commitment for the execution of inventive efforts, unless the work contract stipulates otherwise, or
(2) if the employee would not have developed the subject matter of the protection had he not used facilities, means or data made available through his employment
Employee’s Rights
The employee has the right to receive a remuneration to be agreed upon with the consent of both parties or assessed in light of the various circumstances of the contract of employment and the economic importance of the subject matter of the protection. Any special agreement depriving the employee of this right shall be null and void.
General Provisions
A patent application filed by the employee within two years from the date of termination of employment will be considered as if submitted during employment.
All previous provisions will apply to government employees.
Patent Linkage
Requests for marketing approval of generic drugs must include details on the corresponding patent if available (filing no., filing date, and country of grant). The SFDA will then contact the Saudi Patent Office to confirm whether a patent is involved before giving marketing approval. The GCC Patent Office is not usually contacted.
Filing Requirements
1. Power of attorney, legalized up to the Saudi Consulate
2. 2 copies of the specifications in English with Arabic translation
3. 2 sets of drawings in Arabic and one in English.
4. Deed of assignment from the inventor(s), legalized up to the Saudi Consulate
5. Copy of priority document, if priority is claimed, certified.
Item 3 must be submitted at the time of filing. Document 5 must be submitted within 12 months from priority date.
Documents 1 and 4 may be submitted within 1 month from filing date.



Verses from the Quran. The Quran is the official constitution of the country and a primary source of law. Saudi Arabia is unique in enshrining a religious text as a political document[130]



GCC Protection
Patent protection in Saudi Arabia can also be obtained through the Gulf Cooperation Council unified patent registration system (GCC patent law of 1999).
2011 Figures
Saudi Arabia ranked first among the Arab countries in the number of patents granted for the year 2011 which amounted to 147, based on WIPO sources. It also ranked first in the number of patents filed in the same year which amounted to 78.


EPO

CONTENT DELETED......................


Supplicating pilgrim at Masjid Al Haram, Mecca

Answers

General information about IP in Saudi Arabia


How to protect an invention in Saudi Arabia

There are two options for protecting an invention on Saudi Arabian territory:
  1. The first option is to file a patent application with the Saudi Arabian Patent Office. If a patent is granted, the invention will be protected only in Saudi Arabia.
  2. The second option is to file a patent application with the Gulf Cooperation Council (GCC) Patent Office. The GCC is a regional organisation comprising six Arab countries: the Kingdom of Saudi Arabia, Qatar, Kuwait, the United Arab Emirates, the Sultanate of Oman, and Bahrain. The GCC Patent Office is a regional office that registers patents in the member states of the GCC. Patents granted by the GCC Patent Office are valid in all GCC member states.
GCC Patent Office website
All the information presented below relates to the first option, protection via the Saudi Arabian Patent Office.




What types of industrial property rights exist in Saudi Arabia?

Saudi Arabia has patents, plant varieties, industrial designs, layout designs of integrated circuits and trade marks, but not utility models. Patents and designs can be registered at the Saudi Arabian Patent Office (official name: General Directorate of Patents at King Abdulaziz City of Science and Technology (KACST)). Trade marks can be registered at the Ministry of Commerce and Industry.




How long are the terms of protection of Saudi Arabian intellectual property rights?

The terms of protection for the different types of intellectual property are as follows:
  • patents: 20 years from the date of filing
  • plant varieties: 20 years
  • industrial designs: 10 years
  • layout designs of integrated circuits: 10 years
riyadh



When may a patent not be granted?

Article 4 of the Saudi Arabian Patent Law states the following:
"(a) The protection document shall not be granted if its commercial exploitation violates the Shari'ah (Islamic law).
(b) The protection document shall not be granted if its commercial exploitation is harmful to life, to human, animal or plant health, or is substantially harmful to the environment."
Riyadh
Riyadh



What inventions cannot be patented in Saudi Arabia?

Article 45 of the Saudi Arabian Patent Law states the following:
"In the application of provisions of this Law, the following shall not be regarded as inventions:
(a) Discoveries, scientific theories and mathematical methods.
(b) Schemes, rules and methods of conducting commercial activities, exercising pure mental activities or playing a game.
(c) Plants, animals and processes - which are mostly biological - used for the production of plants or animals, with the exception of micro-organisms, non-biological and microbiology processes.
(d) Methods of surgical or therapeutic treatment of human or animal body and methods of diagnosis applied to human or animal bodies, with the exception of products used in any of these methods."
The exclusion also applies to computer programs and any other copyright work.
Laws & Regulations
Jeddah
Jeddah



Can computer software be patented in Saudi Arabia?

Computer programs as such are not patentable, but may be protected by copyright. Computer-related inventions may be patentable in Saudi Arabia if the requirements for patentability are met.
Laws & Regulations




Is Saudi Arabia a member of the Patent Cooperation Treaty (PCT)?

As of 3 August 2013, Saudi Arabia will be bound by the PCT. From that date onwards, nationals and residents of Saudi Arabia will be entitled to file international applications under the PCT.


From filing to grant


As a foreign applicant, do I need to appoint a professional representative in Saudi Arabia?

All non-residents wishing to apply for a patent require an authorised Saudi Arabian representative. Applicants have to file a power of attorney which has been duly notarised and legalised by the consulate of Saudi Arabia.
More information:
Professional representative




What language must I use for a patent application in Saudi Arabia?

Documents submitted under the Saudi Arabian Law of Patents must be in Arabic.


Can I claim priority for an application filed in Saudi Arabia?

Yes, the priority term is 12 months from the earliest claimed priority, as stipulated in the Paris Convention. Saudi Arabia has been a member of the Paris Convention since 2004.




What do I need to do to get an early filing date in Saudi Arabia?




Does Saudi Arabia allow divisional applications?

Yes. Where an application contains two or more inventions, applicants may submit a divisional application on their own initiative any time before the decision to grant or reject the application.



Do I have to file a request for examination ("deferred examination") in Saudi Arabia?

You do not need to file a request for examination. Applications are examined automatically, on the basis of the filing date. It is possible to withdraw applications.




Can I withdraw my application before it is published in Saudi Arabia?

Yes, you can withdraw an application before it is published.




Can I request that my application in Saudi Arabia be published earlier than 18 months from the filing (or earliest priority) date?

No, it is not possible to request early publication of an application.




Can I submit third-party observations on a Saudi Arabian patent application?

No, it is not possible to submit third-party observations.
King Abdullah Economic City



What is the time limit for responding to official actions in Saudi Arabia?

Responses to official actions should be submitted within 90 days from the date of the action.



After grant


When do I have to pay annual fees in Saudi Arabia?

Annual fees are due at the beginning of each year (1 January until 30 March), starting from the year following the filing date.




Is there a grace period for paying annual fees in Saudi Arabia?

Applicants or patent holders who fail to pay within a maximum period of three months from the due date are liable to pay double the amount of the fee. If they fail to pay after being warned during the three months following the expiration of the first three months, the patent will cease to be valid and this will be recorded in the Register and published in the Gazette.




Can a lapsed patent be restored in Saudi Arabia?

In case of force majeure it is possible to have a lapsed patent restored at the Saudi Arabian Patent Office.

Makkah in Saudi Arabia


Can I request an extension of the patent term in Saudi Arabia?

No. In Saudi Arabia the 20-year term for patents cannot be extended. The Saudi Arabian Patent Law does not include any provisions on patent term extensions or supplementary protection certificates (SPCs).




How can I challenge a granted patent in Saudi Arabia?

Within 90 days from publication of the decision to grant, any interested party may apply for partial or total revocation of the patent.
Invalidation is possible for a third party at any time after grant and must be raised before a separate governmental body (Appeals Committee).



Sources of information


Where can I search Saudi Arabian patent information in English?

The Saudi Arabian Patent Office has an English-language database known as "IP search". On this platform you can perform searches according to dates, numbers or applicant/inventor names.
IP Search
If you require a more detailed answer, please send us your question using the contact form.



Where can I find English abstracts of Saudi Arabian patent documents?

In general, the Saudi Arabian Patent Office does not produce any English abstracts for its patent documents. Where a non-Saudi Arabian applicant files an application, the abstract may also be in English (and in Arabic), while the rest of the patent has to be in Arabic only. Therefore, English abstracts are also available in certain circumstances.




Where can I get an English machine translation of a Saudi Arabian patent?

There are no machine translations of Saudi Arabian patents available yet.




Where can I find legal-status information on Saudi Arabian patents in English?

In general, legal-status information for Saudi Arabian patents is not yet available, but a brief "application status" can be found together with the bibliographic information in the "IP search" database.




Where can I find official information about fees in Saudi Arabia?

Information about fees is currently available in Arabic only.
Schedule of fees




Where can I find information about patent agents in Saudi Arabia?

The KACST website gives detailed information about the role of patent attorneys and the services they provide. It is available in Arabic only.
Professional representative
If you require a more detailed answer, please send us your question using the contact form.




International PCT patent application

Generally, you cannot obtain a single patent that is effective in every country in the world. Patent protection must generally be secured in each foreign country or jurisdiction through a local patent in that country or jurisdiction. However, regional patents exist that span across multiple countries. One example of a regional patent is a European patent, where European member countries of the European Patent Office (EPO) recognize EPO patents.
Apart form regional patents, there exists an international patent application called a PCT patent application that provides a process for reserving your right to file patent applications in  foreign countries and participating regions, such as the EPO.
Paris Convention v. PCT
For member countries of the Paris Convention, generally foreign patent applications must be filed within 12 months of the earliest national application filed in a member country. Therefore if the applicant first filed a patent application in the United States, the applicant would have 12 months from the U.S. filing to file foreign applications in Paris Convention member countries claiming priority and receiving the benefit of the filing date of the U.S. patent application.
Over 140 countries are PCT member countries. Therefore by filing a PCT application, you can reserve your option to pursue patents in over 140 countries. Not all countries are PCT member countries. The PCT application process has two steps, the international stage and the national stage. Residents or nationals of any PCT member country are eligible to file a PCT application.
A PCT patent application must be filed within 12 months of the first filing of a national patent application (such as a U.S. provisional or non-provisional patent application). An example application process flow is provided in figure 1 below.
The PCT application must be “nationalized”  (entered into the national phase) into the particular foreign countries or jurisdictions that you would like to have patent protection in. Once the application is nationalized in a particular country, the application will be examined under the local laws of that country to determine whether a patent should be granted.
Pursuing patent protection by nationalizing a PCT application in every PCT country is generally not economically feasible. The need to hire local attorneys and prosecute the applications in each of 140 countries would be an very expensive endeavor.

The PCT (Patent Cooperation Treaty) application process generally gives the applicant an additional 18 months to consider whether and in which countries to pursue patent protection. If the applicant first filed a patent application in the United States, then filed a PCT application within 12 months of the U.S. filing, the applicant would generally have an additional 18 months to nationalize the PCT application in the foreign countries in which the applicant desired patent protection.
However some PCT member countries do not provide the full 18 months for nationalization, but instead require nationalization at a much sooner time. It is important to consult early in the process with an attorney regarding the deadlines that would be applicable to your case.
PCT Member Countries
International Stage

The example of in figure 1 shows that at point A a U.S. Patent Application was filed. Then 12 months later at point B a PCT application was filed claiming priority to the U.S. Patent Application. It is also possible to file the PCT application first before any national application.
The PCT application can be filed through a receiving office in PCT member countries, such as the U.S. Patent and Trademark Office or through the international bureau at WIPO.
After the PCT application is filed, an International Searching Authority (ISA) will perform a patentability search and issue an international search report. The ISA will also issue a written opinion on patentability. The applicant has the option to withdraw the application in light of the search report or written opinion, if this is not done the application and the international search report will be published. The PCT application will generally be published 18 months after the earliest priority filing date (such as the first national application filing date).
The PCT applicant can request a second or supplementary international search which may be carried out by one or more of the ISAs  (other than the one that carried out the main international search) resulting in a supplementary international search report. The PCT applicant has the opportunity to amend the claims in the patent application in response to the search report.
Optionally, the PCT applicant can request a Chapter II Examination international preliminary examination resulting in an international preliminary report on patentability.


National Stage
Therefore if you wanted to have foreign patent protection in China, Australia, and in Europe, you would need to nationalize the PCT application in each of those jurisdictions by the nationalization deadline (see below) in order to seek patent protection there.
The deadline for nationalizing the PCT application depends on the country. Most countries or jurisdictions require the application to be nationalized within 30 months of the earliest filing date (the earliest claimed priority application filing date) other countries or jurisdictions require nationalization within 31 months. However, as explained above, some PCT member countries do not provide the full 18 months for nationalization, but instead require nationalization at a much sooner time. It is important to consult early in the process with an attorney regarding the deadlines that would be applicable to your case.
The earliest claimed priority date in the example of Figure 1 is the date that the US application was filed, not the date that the PCT application was filed.
At point C in figure 1, nationalization occurs regarding Countries 1 and 2 at the 30 month deadline. At point D in figure 1, nationalization occurs regarding Countries 3 and 4 at the 31 month deadline. Nationalization might occur into a regional patent organization, such as the European Patent Office, rather than a country.
Individual countries or regional patent organizations many provide a grace period or revival period allowing the nationalization even after the deadline. Therefore if you have missed the nationalization deadline, you should inquire with an attorney whether there are still options for nationalizing your application in the countries you choose.
Nationalization usually involves the payment of nationalization fee, filing of certain documents, and in some cases, filing of a translation of the application. Then the nationalized application will be considered under the local laws of the jurisdiction to determine whether a patent should be granted. Local attorney representation will likely be needed in the nationalized jurisdictions to prosecute the application under their local laws. Generally your U.S. lawyer can work with foreign attorneys during the local prosecution of the application in the national stage.
Cost
Instead, clients often, at or before the nationalization deadline, choose to nationalize the PCT application in countries where they have (1) actual or anticipate sales or (2) actual or anticipated licensing or business opportunities sufficient to justify the foreign patenting expense.
The PCT international patent application filing fee is around $4000. The nationalization fees can range from $2000-$7000 per country to file.  After that there are prosecution costs in each country until the application hopefully issues within a few years as a patent. There are also yearly patent application fees and patent annuity fees to be paid in each country.

Monday, 19 January 2015

PATENT SEARCH




Before you apply for a patent, it is important to conduct a comprehensive search for patent information. This step in the application process helps you to avoid wasting time and money by duplicating work that's already been done.
Searching patent information can help you to avoid wasting time and money duplicating work that's already been done.

Why should I search?

More than 40 million patent documents have been published, with almost a million new disclosures added each year.
Each patent document has a unique identifying number and includes a detailed description of an invention, usually with drawings, and information about the inventor and applicant.

Reasons to search

Performing a search prior to applying is vital as it helps you to:
  • determine whether you can protect your IP i.e. does your invention meet the various requirements for successful grant of a patent?
  • determine whether you are infringing someone else's IP
  • learn about the competition or for research purposes
  • determine who owns an item of IP
  • check that your IP is not being infringed
  • obtain product information on your competitors
Each of these reasons focuses on distinct legal questions. Often different databases and other relevant sources need to be searched thoroughly. This is because it is not possible to give a 100 per cent guarantee that your patent will not breach one previously granted. In other words you are limiting your results by relying solely on a single database search for a patent.

Obtaining competitive product information

All patents and some patent applications are published. A key purpose of the patent system is to publish knowledge and promote progress.
A patent is a contract with the government where the inventor agrees that details of the invention be published in exchange for a period of protection for the invention.
Australian and foreign patent databases include huge volumes of technical knowledge. Searching them and studying pending patent applications and granted patents can provide a lot of useful information about your competitors' products and future directions.
You can search patent databases to find:
  • all patents owned by a competitor 
  • technical details of another system (if patented) 
  • all patents on a particular topic, product or technology 
  • details of technology that can possibly be licensed
A patent is both a technical and a legal document with information that allows a person who is skilled in the area to make and use the patented invention.

Using competitive product information

Competitive product information can be used in two ways:
  • to design around a patent
  • to get a step ahead of competitors
You are entitled to commercialise anything not covered by the patent's claims. You may discover a significant area or use for a product that is not in fact covered by your competitor's patent.
You may improve on the technology patented and patent your improvement. Your patent may then stop your competitor commercialising your improvement. It will also stop them making the technological improvement you have already patented.

Determining who owns a patent


Patents can be transferred by way of assignment and assignments can be recorded in the patents register.

Determining if a patent has been mortgaged

All security interests such as mortgages over a patent must be recorded by the secured party on the national Personal Property Security Register. The PPS Register can be searched to determine whether there is a mortgage over a patent. From 30 January 2012, our Register of Patents is no longer a legal securities register. Some mortgages may continue to be recorded on the Patents Register, however it is not a complete record. More information is available in the Official Notice.
If a company owns the patent, you should also search company charge information (fees apply) through the Australian Securities and Investments Commission to conduct a company search and determine whether the mortgage has been recorded on that register.

Determining whether a patent is valid

Just because a patent has been issued does not always mean it is valid. Relevant prior art may not have been uncovered when we conducted the examination of the patent application and if this prior art later comes to light, the patent can be invalidated.
If you are concerned about infringing another party's patent, conduct a prior art search to see if you can invalidate that patent. Remember the adage that it is never possible to prove a patent is valid, but it may be possible to prove it is invalid.

International searches

Patent information is classified by subject matter and can be searched worldwide using both commercial databases as well as a number of free patent databases.
Using these databases effectively is a specialised skill and can be time consuming and costly. For this reason you may want to contact an IP professional to carry out a search for you.

Get professional help to search

Search databases provide an important step in your patent application process. For any specific assistance or to seek advice you can contact an IP professional.
When engaging a professional searcher such as a patent attorney or search agent, it is important for you to understand the various search objectives and work out the type of search you will need. It can be economical to conduct a number of searches simultaneously.

FREE ONLINE PATENTS

To see if your idea has been patented overseas, you may consider searching the free online patent collections of the following Intellectual Property Offices.

World Intellectual Property Organisation (WIPO)

Patentscope database provides access to published international Patent Cooperation Treaty (PCT) applications in full text format. Information may be searched by entering search terms, names of applicants, international patent classification and many other search criteria in multiple languages.

United States Patent and Trademark Office (USPTO)

USPTO database provides access to patents and published patent applications in United States of America.  Patents from 1790 to present and published patents applications from 2001 to present can be searched through this database.

European Patent Office (EPO)

Espacenet from the EPO offers access to patents from around the world. English machine translations of patent specification into various languages are also available.

Intellectual Property Office of New Zealand (IPONZ)

IPONZ patent database provides access to patents and published patent applications in New Zealand.

United Kingdom Intellectual Property Office

Ipsum is an online service that lets you search for information on UK patent applications and granted patents.

Canadian Intellectual Property Office (CIPO)

CIPO's patent database provides access to patents issued in Canada. The database allows for search to be conducted in English and French.

Japan Patent Office (JPO)

JPO's online searchable database, Patent Abstracts of Japan (PAJ) provides access to patents issued in Japan since 1976. Machine English translations of specifications are also available.

State Intellectual Property Office of the People's Republic of China (SIPO)

SIPO database provides access to patents issued in China. The database also provides English language machine translation of patent specifications.

Korean Intellectual Property Office (KIPO)

KIPRIS database provided by the KIPO is an internet-based patent document search service covering publications of Korean applications and patents since 1996. You can also access English language machine translations of Korean patents.

Other International Intellectual Property Offices

Please note: We have provided a link to the following sites because it has information that may be of interest to our users. We do not endorse the views expressed or the facts presented on these sites. Further, we do not endorse any commercial products that may be advertised or available on these sites. Each site provides its own user support and we are not responsible for any database outages. Please note this is not an exhaustive list of IP Offices. For any specific assistance or to seek advice you can contact an IP professional.

PATENTS....IRAN PATENT OFFICE


link..........http://iripo.ssaa.ir/Default.aspx?tabid=3974 












Iran patent office veterans handle patent writing, filing, searching and also deals with infringement laws. Iran patent office assists the inventor who has patented his/her products and asserts total monopoly rights on the product.
Iran patent office accepts the patent application which includes all claims defining the invention which must be innovative, new and industrially useful. Some examples of patents handled by an Iran patent office include biological patents, business method patents, chemical patents and software patents.
Filing and prosecuting an application at such patent office is advantageous as it allows patents from a variety of nations to be acquired without the necessity of filing applications in all countries. The cost and complexity of obtaining protection is automatically minimized. Usually, Iran patent office expects all attorneys to be experienced in handling all legal issues in context of latest inventions and patents.
The lawyers interact with corporate attorneys and the department that handles the designing section. This allows the Iran patent office to function better in fields like patent search process, drafting and filing the applications efficiently. Usually, the patent search may be conducted at an Iran patent office.
The entire process of securing a patent for an invention includes substantial fees. Depending on the complexity of the invention, the costs could be hiked further. The patent attorneys must be registered with an Iran patent office or be associated with the law firms.


 

  Iran Patent # 68390, January 17, 2011, Iran




PATENTS
Article 1 - An invention is the outcome of an individual(s) mind that produces a certain product or a process for the first time and provides for a solution to a specific problem in a certain line of specialty, technique, technology, industry and the like.
Article 2 - An invention shall be patentable if it includes a new innovation, and is industrially  pplicable. An innovation includes anything that has not been anticipated by prior art and would not be obvious to a person having ordinary skills in the art. An invention shall be considered industrially applicable if it may be made or used in a given line of industry. Industry may be construed in the broadest meaning of the word and shall include handicrafts, agriculture, fishery and services as well.
Article 3 - A Letters Patent is a document issued by the Industrial Property Office for the protection of an invention and the holder thereof may enjoy exclusive rights of the same.
Article 4 - The following shall be excluded from the scope of the protection of a patent:
a) Discoveries, scientific theories, mathematical methods and works of art;
b) Schemes, rules or methods for doing business, performing mental or social acts;
c) Methods for treatment or diagnosis of human or animal diseases;
This subsection shall not include products falling within the scope of definition of the patent and those used in the said methods.
d) Genetic resources and genetic components comprising the same, as well as biological processes for the production of the same.
e) Anything that has been already anticipated in industries and techniques.
Prior art is everything disclosed to the public, anywhere in the world, through written or oral publication, by practical use or in any other way, prior to the filing or, where appropriate, the priority date, of the application claiming the invention.
Disclosure to the public of the invention shall not prevent grant of the patent, if it has occurred within six months before the filing date or, where appropriate, before priority date of the application.
f) Those inventions the commercial exploitation of which would be contrary to Sharia Rules, public order or morality shall not be patentable..............MORE........http://iripo.ssaa.ir/Default.aspx?tabid=4047


    Row
        

 Cost items                             
Natural person              Legal entity             
 1
 Registration fee of the application and dividedapplication
 10,000 100,000
 2 Annual registration fee First to fifth year , each year equivalent to Rls. 100000
Sixth to tenth year , each year equivalent to Rls. 200000
Eleventh to fifteenth year , each year equivalent to Rls. 300000
Sixteenth to twentieth year , each year equivalent to Rls. 400000
 10 times as much as price determined for the natural persons
 3
 Fine for delay in payment of the annual cost
 Equivalent to half of the annual installment in the related five-year periods
 4
 Cost of enquiry for transfer , exploitation license or waiver
 50,000 500,000
 5
 Registration fee for contractual transfer and non-contractual transfer
 300,000 3000,000
 6
 Registration fee of the exploitation license or its cancellation or termination
 Half of cost of contractual transfer and non-contractual transfer
 7
 Cost of each correction of the application and its appendices
Equivalent to registration fee of the application 
 8
 Registration fee for transfer of the application or its exploitation license
50,000 500,000 
9 
 Registration fee for changes(other than transfer of property and exploitation license)
50,000 500,000 
 10
 Cost of issuance of the duplicate certificate
100,000 1000,000 
 11
 Cost of the true certified copy
5000 50,000 
 12
 Cost for receiving confirmation of applicationsubmission or issuance of patent certificate
15,000 15,000 
 13
 Cost of handling protest against registration rejection
500,000 750,000 
 14
 Cost of handling protest against registration request
1,500,000 3,000,000 
 15
 Deposit for submission of the annulling petition to the court
3,000,000 4,500,000 
 16
 Cost of investigating international registrationapplication as the source department
50,000 500,000 

Remark: for the foreign applicants who have submitted their request directly to the registration authority in execution of Paris Convention (Patent Office of Industrial Property General Office ) , they should pay foreign currency equivalent of Rls. Price determined in table of costs on the basis of formal rate. 




Jāmeh Mosque of Yazd within the Yazd Province of Iran



teheran