Requirements

Gaza Design Process

Design Registration: 

  • The registration process takes 6 to 8 months to be completed.
  • The application will be examined by the TMO within a period of 1 to 3 weeks. 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 design in the official gazette.
    • Amend the application; you may amend the application within a period of 30 days from the official notification date, otherwise the application will remain rejected.
    • 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 application within 60 days from the date of publication in the official gazette.
  • The design's registration is valid for a total of 15 Gregorian years, starting from the filing date.

Design Annuities: 

  • Annuities should be settled twice:
    • 6th to 10th year
    • 11th to 15th year.

Design Renewal: 

  • NA – Non renewable

Gaza Design Requirements

Design Registration:

  • Name of the design.
  • Design Drawings from all different angles.
  • Description of the design.
  • Copy of the Home registration Certificate translated to Arabic( if applicaple).
  • Applicant’s information (name, address, and nationality).
  • List of goods according to Locarno Classification.
  • Power of Attorney (POA): Scanned copy of the simply signed POA, stamped by the company seal, and translated into Arabic language. 
  • Deed of Assignment (DOA) if the applicant is not the designer: Original should be legalized at the Palestinian embassy and submitted at filing.
  • Copy of the designer’s (assignee) passport.

Design Annuity:

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

Gaza Patents FAQ

Is the country part of PCT?   No 
Is any translation required?   yes 
Is there collaboration between all Arab Countries? (Is there any convention that provides protection for patent in more than one Jurisdiction?)   Yes. The GCC, and west bank and Gaza  are not part of it
For how long is a Patent protected?   20 years 
What is the duration of examination?   2 to 3 years 
Are there any annuity fees to pay? If yes, when are the annuities due for payment?   yes 
Can I obtain a patent on a software-related invention?   no 
Is it possible to obtain extension of the term of protection in the country?   no 
Are there examination procedures in this country?    yes 

GCC Industrial designs

There is no cooperation treaty for design protection in the GCC (Gulf Cooperation Council). Therefore, applicants seeking protection in the GCC should file national applications in each country individually. Refer to details for below countries:

  • Bahrain
  • Kuwait
  • KSA - Kingdom of Saudi Arabia
  • Oman 
  • UAE - United Arab Emirates

GCC Patent FAQ

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

A: Patent Regulation of the Cooperation Council for the Arab States of the Gulf

Q: Is the country a member of Paris Convention? 

A: No

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

A: No

Q: Which countries are members of the GCC Patent Cooperation Treaty? 

A: Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and United Arab Emirates. Yemen was expelled from GCC.

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:

  • Discoveries, scientific theories, mathematical methods, and computer programs.
  • Schemes, rules, and methods for doing business, performing purely mental acts, or playing games.
  • Plant varieties and species of animals, and biological processes for the production of plants or animals with the exception of microbiological processes and the products thereof.
  • Methods of surgical or therapeutic treatment of the human or animal body and methods of diagnosis applied to the human or animal body with the exception of products used in any of these methods.
  • Varieties of plants or species of animals.

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

A: the right to a patent shall be assigned to the employer if the invention was the result of execution of a contract or an obligation providing for carrying out inventive activities. The right shall also be assigned to the employer if he proves that the inventor would not have achieved such an invention had he not used the facilities, means, or information made available through his employment.

This may not prejudice the employee's right to receive special remuneration to be determined by a competent authority in the country where the invention is made and in the light of the circumstances of the contract or the obligation, and the economic significance of the invention. Any agreement depriving an employee from such rights shall be void. The above-mentioned provisions shall also be applicable to employees of government agencies. A patent application filed by an employee inventor within the two years after the termination of his services shall be considered as having been filed during his employment.

Q: Can the applicant amend an application under process?

A: The applicant may introduce the amendments he deems fit to his application if such amendments shall not constitute a substantive modification to the contents of the original application prior to issuance of acceptance decision.

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

A: The applicant may, at any time, withdraw his application unless a final decision has been taken thereof. Withdrawal of application shall not entail the right to reclaim its documents, or the right to refund of fees or expenses incurred.

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 GCC within three years from the date of grant; otherwise the patent will be subject to compulsory licensing.

GCC Patent Process

Patent Registration: 

  • The patent registration process takes 4-5 years.
  • After filing the application, the application is put on hold for 3 months until all required documents and information are fulfilled.
  • After 3 months from the filing date, the application will formally be examined to check if all the required documents were submitted and will issue a decision of:
    • Incomplete formalities: the Examiner will give the applicant 90 days from the official notification date to fulfill all requirements, otherwise the application will be considered withdrawn.
    • Complete formalities: the Examiner will give the applicant 90 days from the official notification date to settle the substantive examination fees, otherwise the application will be considered withdrawn.
  • Once the application is substantively examined, the Examiner will issue a decision of:
    • Complete or amend the application: the applicant has 90 days from the official notification date to comply with any amendment requested, otherwise application will be rejected. The Examiner will examine the application for a second time and give the applicant additional 90 days from the official notification date to comply with any amendment not fulfilled yet, otherwise application will be rejected.
    • Reject the application: if the requirements were not met or the patent is non-registrable after the third examination of the application. The decision will be published and the applicant will be given 90 days from the date of publication to appeal the decision before the Appeal Committee.
    • Accept the application: the applicant has to settle the publication and registration fees to publish the application in the official gazette within 90 days from the official notification date; otherwise the application will be rejected.
  • Any interested third party can oppose the said application within 90 days from the date of publication.
  • If the application passes the publication period successfully, the certificate of registration will be issued.
  • 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 at the beginning of each year starting from the second year of filing the national application according to Paris Convention until the termination of the patent protection duration.
  • A 3 months grace period is granted to settle the annuities without late penalty fees. However, an additional 3 months grace period is granted subject to late penalty fees if the applicant fails to settle the annuity within the first grace period.

GCC Patent 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 claims in English and Arabic language should be submitted within 90 days from filing date.
  • Patent Specifications in English should be submitted upon filing.
  • Patent Specifications in Arabic should be submitted within 90 days from filing date.
  • Certified copy of the priority document translated to Arabic should be submitted within 90 days from filing date.
  • Power of Attorney (POA): Original should be notarized and legalized at any GCC state embassy and submitted within 90 days from filing date.
  • Certified copy of the certificate of incorporation or an extract from the commercial registry legalized at any GCC state embassy if the applicant is a company or a copy of the applicant’s passport if the applicant is an individual, submitted within 90 days from filing date.
  • Deed of Assignment (DOA): signed by the inventor(s), notarized and legalized at any GCC state embassy, and submitted within 90 days from filing date.

GCC Trademarks FAQ

While the Gulf Cooperation Council (GCC) countries implement the GCC trademark law,  there is no cooperation treaty for trademark protection in the GCC. Therefore, applicants seeking protection in the GCC should file national applications in each country individually. Refer to details for below countries:

  • Bahrain
  • Kuwait
  • KSA - Kingdom of Saudi Arabia
  • Oman 
  • UAE - United Arab Emirates

GCC Trademarks Process

While the Gulf Cooperation Council (GCC) countries implement the GCC trademark law,  there is no cooperation treaty for trademark protection in the GCC. Therefore, applicants seeking protection in the GCC should file national applications in each country individually. Refer to details for below countries:

  • Bahrain
  • Kuwait
  • KSA - Kingdom of Saudi Arabia
  • Oman 
  • UAE - United Arab Emirates

GCC Trademarks Requirements

While the Gulf Cooperation Council (GCC) countries implement the GCC trademark law,  there is no cooperation treaty for trademark protection in the GCC. Therefore, applicants seeking protection in the GCC should file national applications in each country individually. Refer to details for below countries:

  • Bahrain
  • Kuwait
  • KSA - Kingdom of Saudi Arabia
  • Oman 
  • UAE - United Arab Emirates

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