Requirements

Egypt Patents FAQ

Q: Which law does the country implement relating to patents?

A: Law No. 82 of 2002 on the Protection of Intellectual Property Rights and its implementing regulations

Q: Is the country a member of Paris Convention? 

A: Yes

Q: Is the country a member of the Patent Cooperation Treaty (PCT)? 

A: Yes

Q: Is the country a member of the GCC Patent Cooperation Treaty? 

A: No

Q: What are the conditions to register a patent?

A: Patents should be:

  • New;
  • Involve an inventive step;
  • Industrially applicable if it is possible to apply it in agriculture, fishing, services, handcrafts or any kind of industry in the broadest sense of the word;
  • Do not violate the provisions of Islamic Sharia' (Law), public order, ethics, national security, causing serious damage to the environment, or damage human, animal, plantation life or health.

Q: What cannot be registered as patents?

A: The below cannot be registered as patents:

  1. Inventions whose exploitation is likely to be contrary to public order or morality, or prejudicial to the environment, human, animal or plant life and health.
  2. Discoveries, scientific theories, mathematical methods, programs and schemes.
  3. Diagnostic, therapeutic and surgical methods for humans and animals.
  4. Plants and animals, regardless of their rarity or peculiarity, and essentially biological processes for the production of plants or animals, other than microorganisms, non-biological and microbiological processes for the production of plants or animals.
  5. Organs, tissues, live cells, natural biological substances, nuclear acid and genome.

Q: If a worker invented a patent, can he register the patent in his name?

A: the employer shall have all the rights derived from the inventions discovered by the worker or the employee during the period of work relationship or employment, insofar as the invention falls within the scope of the work contract, relationship or employment.

The name of the inventor shall be mentioned in the patent, and he shall be remunerated in all cases. If such remuneration was not agreed on, he shall be entitled to a fair compensation from the person who requested the invention, or from the employer.

In cases other than the preceding, where the invention is part of the activities of the public or private establishment to which the inventor is attached, the employer shall have the choice either to exploit the invention, or to acquire the patent against a fair compensation paid to the inventor, provided the choice is made within three months from the date of notifying the grant of the patent.

The application for patent filed by an inventor within one year from the termination of his employment in a private or public establishment shall be considered as filed during the work or employment contract. Both the inventor and the employer shall be entitled to all the rights stipulated in the preceding article, as appropriate.

Such a period shall extend to three years if the said worker establishes or joins a competing establishment and the invention is the direct result of that worker’s activity and previous experience in the establishment in which he was working.

Q: Can the applicant amend an application under process?

A: The applicant may, at any time, before the publication of application acceptance, present a request to amend the description or the drawing of the invention, with an indication as to the nature of and reasons for such an amendment, provided that such amendment shall not affect the substance of the invention.

Q: Can the applicant withdraw the application at any time?

A: The applicant can withdraw the application prior to issuance of an acceptance decision of patent application. However, failing to conform to the deadlines put by the TMO to settle any fees or submit documents afterwards will deem the application withdrawn.

Q: Can a patent search be conducted?

A: Yes

Q: Can priority be claimed according to Paris Convention?  

A: Yes, within 12 months from the first filing date.

Q: Is the certificate issued in paper or electronically?

A: Paper

Q: Is the usage of the registered patent compulsory?

A: Yes, the patent must be used in Egypt within three years from the date of grant or 4 years from filing date, otherwise the patent will be subject to compulsory licensing.

Egypt Patents Process

Patent Registration: 

  • The patent registration process takes 4-5 years.
  • After filing the application, the application is put on hold for 6 months until all required documents and information are fulfilled.
  • After 6 months from the filing date, the application will be formally and substantively and will issue a decision of:
    • Complete or amend the application: the applicant has 90 days from the official notification date to comply to any amendment requested, otherwise the application will be considered withdrawn. however, the applicant may appeal the decision within 30 days from official notification date if he does not wish to amend the application.
    • Reject the application: if the requirements were not met or the patent is non-registrable. The applicant has 90 days from the official notification date to appeal the decision before the Appeal Committee.
    • Accept the application: the applicant has to settle the publication fees to publish the application in the official gazette within 90 days from the date of issuance of the said decision.
  • Any interested third party can oppose the said application within 60 days from the date of publication. The applicant has 15 days to reply to the opposition, otherwise the application will be considered withdrawn.  
  • Once the application passes the publication period successfully, the applicant has to submit 5 copies of the patent specifications and 5 copies of the patent abstract within 90 days from the official notification date, otherwise the application will be considered withdrawn.
  • The certificate of registration shall be issued and published after one year from filing date and remains confidential during this period.
  • The protection period of a patent is 20 years, from the filing date of the PCT application, or the national patent application based on Paris Convention.

 

Patent Annuities: 

  • A patent is protected for 20 years from the filing date.
  • Annuities should be settled prior to the anniversary of the filing date of a national application or a PCT international application until the termination of the patent protection duration. For example: if the patent was filed on 30 January, then the annuity should be settled every year prior to 30 January.
  • The applicant should settle the annuity starting from the second year of filing the national application according to Paris Convention.
  • A 12 months grace period is granted to settle the annuities, however subject to late penalty fees.

Egypt Patents Requirements

Patent Registration:

  • Applicant name and address.
  • Inventor(s) name and address.
  • Patent Abstract in English and Arabic language should be submitted upon filing.
  • Patent Specifications, drawings, and claims in English should be submitted upon filing.
  • Patent Specifications, drawing, and claims in Arabic should be submitted within 6 months from filing date.
  • Certified copy of the priority document translated to Arabic should be submitted within 3 months from filing date.
  • Power of attorney (POA): Original should be notarized and legalized up to the consulate of Egypt and submitted within 4 months from filing date.
  • Legalized commercial certificate translated to Arabic submitted within 4 months from filing date.
  • Deed of assignment (DOA): signed by the inventor(s), translated to Arabic and notarized and legalized up to consulate of Egypt and submitted within 4 months from filing date (only if the patent filed is NOT a PCT application).

Egypt Trademarks FAQ

Q: Which law does the country implement relating to trademarks?

A: Law No. 82 of 2002 on the Protection of Intellectual Property Rights

Q: Is the country part of Paris Convention?    

A: Yes

Q: Is the country part of the Madrid Protocol?   

A: Yes

Q: Is the country part of the Madrid Agreement?   

A: Yes   

Q: Is the country part of the TRIPS Agreement?   

A: Yes

Q: Is Apostil Acceptable?

A: No

Q: Which classification of goods/services does the country adopt?    

A: 11th Edition of Nice Classification

Q: Are there any restrictions or limitations on the list of goods?

A: No

Q: Can I register a trademark on class header?

A: Yes

Q: Are there any restrictions on the use of the ® and TM symbols?  

A: ® and TM symbols may not be a part of the trademark while filing it, but can be used along with a registered trademark

Q: Can priority be claimed?  

A: Yes

Q: Can colors be claimed?

A: Yes

Q: Can you file a disclaimer in the filing application?

A: No

Q: Can you conduct a search by applicant name?

A: No

Q: Is the certificate issued in paper or electronically?

A: Paper

Q: Is there a requirement of use of mark to maintain the trademark registration throughout the entire valid protection period or to renew the mark?

A: Yes, but the TMO does not request any proof of use. However any interested third party can file a cancellation action against your trademark registration if the mark was not used for 5 consecutive years.

Q: If the applicant failed to renew the mark, can any third party re-register the same mark?

A: A mark, which is not renewed, cannot be re-registered in favor of third parties in respect of identical or similar goods or services before the lapse of 3 years from the date of non-renewal.

Q: Can the applicant withdraw the trademark application at any time?

A: Yes

Q: Can you assign or amend details of a trademark that is under process?  

A: No, any assignment or amendment should be done after the registration of the trademark is completed.

Q: Do you have to include a consideration on the assignment document?  

A: No

Q: Are there any specific custom procedures in the country?   

A: Yes

Egypt Trademarks Process

Trademark Registration: 

  • The registration process takes 14-18 months to be completed.
  • A separate application should be filed for each class.
  • The application will be examined by the TMO within a period of 10 to 12 months. After the end of the examination period, the TMO will issue a decision to either:
    • Accept the application, the publication fees should be settled within 6 months from the official notification date to publish the mark in the official gazette, otherwise the application will be considered withdrawn.
    • Conditionally accept the application, you may appeal the decision or comply with the said conditions within a period of 30 days from the official notification date, otherwise the application would be considered withdrawn.
    • Reject the application, you may appeal the decision within a period of 30 days from the official notification date, otherwise the application would be considered withdrawn.
  • Any interested third party can oppose the publication of the trademark application within 60 days from the date of publication in the official gazette. The applicant has 30 days from official notification date to file a reply to the opposition, otherwise the application will be considered withdrawn.
  • The certificate of registration will be issued within 1 month from the date of settlement of registration fees.
  • The trademark certificate will be published for informative purposes only; No one can oppose the said publication.
  • The trademark's registration is valid for 10 Gregorian years, starting from the filing date, and renewable for similar consecutive periods.

Trademark Renewal: 

  • The renewal process takes 1 week to be completed.
  • A separate application should be filed for each class.
  • The renewal application should be filed within the last year of the valid protection period.
  • A 6 months grace period after the expiry of the valid protection period is granted for filing late renewal; however it is subject to late penalty fees.
  • When filing the renewal application, the applicant has to settle the renewal and publication fees on the same day.
  • The renewal certificate will be issued within 1 week from the date of settlement of fees.
  • The renewal certificate will be published in the official gazette for informative purposes only; No one can oppose the said publication.
  • The trademark renewal is valid for another 10 Gregorian consecutive years starting from the expiry of the previous protection period.

Trademark Change of Name and/or Address: 

  • The recordal of change process takes 1 week to be completed.
  • A separate application should be filed for each trademark.
  • A change of agent should be filed and published in order to ensure formality requirements are met.
  • When filing the change application, the applicant has to settle the change and publication fees on the same day.
  • The TMO will examine the application and issue the cdertificate within 1 week from filing.
  • The change will be published in the official gazette for informative purposes only; No one can oppose the said publication.

Trademark Assignment: 

  • The recordal of the assignment takes 6-10 months to be completed.
  • A separate application should be filed for each trademark.
  • A change of agent should be filed in order to ensure formality requirements are met. 
  • When filing the assignment application, the applicant has to settle the assignment and publication fees on the same day.
  • The TMO will examine the application and issue its official notice of assignment recordal within 6-8 months from filing.
  • The assignment will be published in the official gazette for informative purposes only within 3 months from the date of issuance of notice of assignment recordal; No one can oppose the said publication.

Egypt Trademarks Requirements

Trademark Registration:

  • Copy of the mark.
  • Applicant info (name, address, and nationality).
  • A list of the goods to be covered by the application (Classes) - translated to Arabic.
  • Power of Attorney (POA): Original should be notarized and legalized at the Egyptian embassy and submitted within 60 days of filing.
  • A certified copy of the priority document in case claimed should be provided within 6 months of filing date.

Trademark Renewal:

  • Details of the trademark registration.
  • Power of Attorney (POA): Original should be notarized and legalized at the Egyptian embassy and submitted within 60 days from filing.
  • A simple copy of the trademark registration certificate.

Trademark - Change of Name and/or Address:

  • Details of the mark.
  • Applicant info (name, address, and nationality).
  • Details of the change specifications.
  • A document proving the change of name and/or address legalized at the Egyptian embassy and submitted at filing
  • Power of Attorney (POA): Original should be notarized and legalized at the Egyptian embassy and submitted at filing.
  • A simple copy of the trademark registration certificate.

Trademark Assignment:

  • Details of the mark.
  • Applicant info (name, address, and nationality).
  • Details of the assignment specifications.
  • An assignment document translated to Arabic and legalized at the Egyptian embassy and submitted at filing..
  • Power of attorney (POA): Original should be notarized and legalized at the Egyptian embassy and submitted at filing.
  • A commercial certificate translated to Arabic and legalized at the Egyptian embassy should be submitted at filing.
  • A simple copy of the trademark registration certificate.

Gaza & Westbank Trademarks FAQ

Gaza Trademarks FAQ

Q: Which law does the country implement relating to trademarks?

A: Trademarks Law No. 35/1938

Q: Is the country part of Paris Convention?    

A: No

Q: Is the country part of the Madrid Protocol?   

A: No

Q: Is the country part of the Madrid Agreement?   

A: No   

Q: Is the country part of the TRIPS Agreement?   

A: No

Q: Is Apostil Acceptable?

A: No

Q: Which classification of goods/services does the country adopt?    

A: 11th Edition of Nice Classification

Q: Are there any restrictions or limitations on the list of goods?

A: Yes, a trademark cannot be registered on:

  • Pork (class 29)
  • Beers (class 32)
  • Class 33

Q: Can I register a trademark on class header?

A: Yes

Q: Are there any restrictions on the use of the ® and TM symbols?  

A: ® and TM symbols may not be a part of the trademark while filing it, but can be used along with a registered trademark

Q: Can priority be claimed?  

A: No

Q: Can colors be claimed?

A: Yes

Q: Can you file a disclaimer in the filing application?

A: Yes

Q: Can you conduct a search by applicant name?

A: Yes

Q: Is the certificate issued in paper or electronically?

A: Paper

Q: Is there a requirement of use of mark to maintain the trademark registration throughout the entire valid protection period or to renew the mark?

A: Yes, but the TMO does not request any proof of use. However any interested third party can file a cancellation action against your trademark registration if the mark was not used for 2 consecutive years.

Q: If the applicant failed to renew the mark, can any third party re-register the same mark?

A: A mark, which is not renewed, cannot be re-registered in favor of third parties in respect of identical or similar goods or services before the lapse of one year from the date of non-renewal.

Q: Can the applicant withdraw the trademark application at any time?

A: Yes

Q: Can you assign or amend details of a trademark that is under process?  

A: No, any assignment or amendment should be done after the registration of the trademark is completed.

Q: Do you have to include a consideration on the assignment document?  

A: No

Q: Are there any specific custom procedures in the country?   

A: No

 

West Bank Trademarks FAQ

Q: Which law does the country implement relating to trademarks?

A: Trademarks Law No. 33/1952

Q: Is the country part of Paris Convention?    

A: No

Q: Is the country part of the Madrid Protocol?   

A: No

Q: Is the country part of the Madrid Agreement?   

A: No   

Q: Is the country part of the TRIPS Agreement?   

A: No

Q: Is Apostil Acceptable?

A: No

Q: Which classification of goods/services does the country adopt?    

A: 11th Edition of Nice Classification

Q: Are there any restrictions or limitations on the list of goods?

A: No

Q: Can I register a trademark on class header?

A: Yes

Q: Are there any restrictions on the use of the ® and TM symbols?  

A: ® and TM symbols may not be a part of the trademark while filing it, but can be used along with a registered trademark

Q: Can priority be claimed?  

A: No

Q: Can colors be claimed?

A: Yes

Q: Can you file a disclaimer in the filing application?

A: Yes

Q: Can you conduct a search by applicant name?

A: Yes

Q: Is the certificate issued in paper or electronically?

A: Paper

Q: Is there a requirement of use of mark to maintain the trademark registration throughout the entire valid protection period or to renew the mark?

A: Yes, but the TMO does not request any proof of use. However any interested third party can file a cancellation action against your trademark registration if the mark was not used for 2 consecutive years.

Q: If the applicant failed to renew the mark, can any third party re-register the same mark?

A: A mark, which is not renewed, cannot be re-registered in favor of third parties in respect of identical or similar goods or services before the lapse of one year from the date of non-renewal.

Q: Can the applicant withdraw the trademark application at any time?

A: Yes

Q: Can you assign or amend details of a trademark that is under process?  

A: No, any assignment or amendment should be done after the registration of the trademark is completed.

Q: Do you have to include a consideration on the assignment document?  

A: No

Q: Are there any specific custom procedures in the country?   

A: No

Gaza & Westbank Trademarks Process

Gaza Trademarks Process

Trademark Registration: 

  • The registration process takes 12-18 months to be completed.
  • A separate application should be filed for each class.
  • Priority cannot be claimed.
  • The application will be examined by the TMO within a period of 1 to 3 months. After the end of the examination period, the TMO will issue a decision to either:
    • Accept the application, the publication fees should be settled to publish the mark in the official gazette.
    • Conditionally accept the application, you may comply with the said conditions or appeal the said decision within a period of 30 days from the official notification date.
    • Reject the application, you may appeal the decision within a period of 30 days from the official notification date, otherwise the application will remain rejected.
  • Any interested third party can oppose the publication of the trademark application within 90 days from the date of publication in the official gazette. The applicant has 30 days from date of official notification to file a reply to the opposition, otherwise the application will be considered withdrawn.
  • The certificate of registration will be issued within 2-6 months from the date of settlement of registration fees.
  • The trademark's registration is valid for 7 Gregorian years, starting from the filing date, and renewable for 14 years.

Trademark Renewal: 

  • The renewal process takes 1-2 weeks to be completed.
  • A separate application should be filed for each class.
  • A change of agent should be filed in order to ensure formality requirements are met.
  • The renewal application should be filed within the last year of the valid protection period.
  • A 1 month grace period after the expiry of the valid protection period is granted for filing late renewal; however it is subject to late penalty fees provided that a warning letter shall be sent by the TMO to the applicant/agent to pay the renewal fees.
  • Upon settling the renewal and publication fees to record the renewal in the TMO database, the TMO will issue a certificate of renewal.
  • The publication in the official gazette is for informative purposes only; No one can oppose the said publication.
  • The trademark renewal is valid for another 14 Gregorian consecutive years starting from the expiry of the previous protection period.

Trademark Change of Name and/or Address: 

  • The recordal of change process takes 1-2 week to be completed.
  • A separate application should be filed for each class.
  • A change of agent should be filed in order to ensure formality requirements are met.
  • Upon settling the change and publication fees to record the change in the TMO database, the TMO will issue a certificate of amendment.
  • The publication in the official gazette is for informative purposes only; No one can oppose the said publication.

Trademark Assignment: 

  • The recordal of the assignment takes 2-3 weeks to be completed.
  • A separate application should be filed for each class. 
  • A change of agent should be filed in order to ensure formality requirements are met. 
  • Upon settling the assignment and publication fees to record the assignment in the TMO database, the TMO will issue a certificate of assignment.
  • The publication in the official gazette is for informative purposes only; No one can oppose the said publication.

 

West Bank Trademarks Process

Trademark Registration: 

  • The registration process takes 10-12 months to be completed.
  • A separate application should be filed for each class.
  • Priority cannot be claimed.
  • The application will be examined by the TMO within a period of 1 to 2 months. After the end of the examination period, the TMO will issue a decision to either:
    • Accept the application, the publication fees should be settled to publish the mark in the official gazette.
    • Conditionally accept the application, you may comply with the said conditions or appeal the said decision within a period of 30 days from the official notification date.
    • Initiate an office action, you may amend the application or appeal the said decision within a period of 30 days from the official notification date.
    • Reject the application, you may appeal the decision within a period of 20 days from the official notification date, otherwise the application will remain rejected.
  • Any interested third party can oppose the publication of the trademark application within 90 days from the date of publication in the official gazette. The applicant has 30 days from date of official notification to file a reply to the opposition, otherwise the application will be considered withdrawn.
  • The certificate of registration will be issued within 1-2 months from the date of settlement of registration fees.
  • The trademark's registration is valid for 7 Gregorian years, starting from the filing date, and renewable for 14 years.

Trademark Renewal: 

  • The renewal process takes 1 week to be completed.
  • A separate application should be filed for each class.
  • A change of agent should be filed in order to ensure formality requirements are met.
  • The renewal application should be filed within the last year of the valid protection period.
  • A 1 month grace period after the expiry of the valid protection period is granted for filing late renewal; however it is subject to late penalty fees provided that a warning letter shall be sent by the TMO to the applicant/agent to pay the renewal fees. .
  • Upon settling the renewal and publication fees to record the renewal in the TMO database, the TMO will issue a certificate of renewal within 2-3 working days.
  • The publication in the official gazette is for informative purposes only; No one can oppose the said publication.
  • The trademark renewal is valid for another 14 Gregorian consecutive years starting from the expiry of the previous protection period.

Trademark Change of Name and/or Address: 

  • The recordal of change process takes 2 weeks to be completed.
  • A separate application should be filed for each class.
  • A change of agent should be filed in order to ensure formality requirements are met.
  • Upon settling the change and publication fees to record the change in the TMO database, the TMO will issue a certificate of amendment.
  • The publication in the official gazette is for informative purposes only; No one can oppose the said publication.

Trademark Assignment: 

  • The recordal of the assignment takes around 1-2 months to be completed.
  • A separate application should be filed for each class. 
  • A change of agent should be filed in order to ensure formality requirements are met. 
  • Upon settling the assignment and publication fees to record the assignment in the TMO database, the TMO will issue a certificate of assignment within 1-2 months.
  • The publication in the official gazette is for informative purposes only; No one can oppose the said publication.

Gaza & Westbank Trademarks Requirements

Gaza Trademarks Requirements

Trademark Registration:

  • Copy of the mark.
  • Applicant info (name, address, and nationality).
  • A list of the goods to be covered by the application (Classes) - translated to Arabic.
  • Power of Attorney (POA): Scanned copy of the simply signed POA, stamped by the company seal, and translated into Arabic language.  

Trademark Renewal:

  • Details of the trademark registration.
  • Power of Attorney (POA): Scanned copy of the simply signed POA, stamped by the company seal, and translated into Arabic language. 

Trademark - Change of Name and/or Address:

  • Details of the mark.
  • Details of the change specifications. 
  • Change of Address: A scanned copy of the certified document proving the change address legalized at the Palestinian embassy translated to Arabic submitted at filing.
  • Change of Name: Original certified document proving the change of name legalized at the Palestinian embassy translated to Arabic submitted at filing.
  • Power of Attorney (POA): Scanned copy of the simply signed POA, stamped by the company seal, and translated into Arabic language. 

Trademark Assignment:

  • Details of the mark.
  • Details of the assignment specifications. 
  • Original assignment document translated to Arabic and legalized at the Palestinian embassy and submitted at filing. 
  • Power of Attorney (POA): Scanned copy of the simply signed POA, stamped by the company seal, and translated into Arabic language

 

West Bank Trademarks Requirements

Trademark Registration:

  • Copy of the mark.
  • Applicant info (name, address, and nationality).
  • A list of the goods to be covered by the application (Classes) - translated to Arabic.
  • Power of Attorney (POA): Original should be notarized and legalized at the Palestinian embassy and locally notarized and legalized in Palestine and translated into Arabic language submitted within 90 days of filing.

Trademark Renewal:

  • Details of the trademark registration.
  • Power of Attorney (POA): Original should be notarized and legalized at the Palestinian embassy and locally notarized and legalized in Palestine and translated into Arabic language submitted at filing. 

Trademark - Change of Name and/or Address:

  • Details of the mark.
  • Details of the change specifications. 
  • A certified document proving the change of name and/or address legalized at the Palestinian embassy and locally notarized and legalized in Palestine and translated into Arabic language submitted at filing.
  • Power of Attorney (POA): Original should be notarized and legalized at the Palestinian embassy and locally notarized and legalized in Palestine submitted at filing. 

Trademark Assignment:

  • Details of the mark.
  • Details of the assignment specifications. 
  • An assignment document translated to Arabic and legalized at the Palestinian embassy and submitted at filing. 
  • Power of Attorney (POA): Original should be notarized and legalized at the Palestinian embassy and locally notarized and legalized in Palestine translated into Arabic language submitted at filing. 

Gaza Design FAQ

Is the country part of Locarno agreement?   No
Is the country part of Hague agreement?   No
Is it better to register a 3D Design or an industrial design?   There is no possibility of filing a 3D mark
Is any translation required?   Yes to Arabic
For how long is an Industrial Design protected?   15 years
Are there any annuity fees to pay?   Yes every 5 years

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