Requirements

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.

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?   7 gregorian years
Are there any annuity fees to pay?   Yes annually

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

A: Trademark Law No. 21 of 1957

Q: Is the country part of Paris Convention?    

A: Yes

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: 7th Edition with limitations on many products and services – refer to requirements section for local classification of goods and services available locally.

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

A: Yes, the below goods and services cannot be registered:

• Pork and related products
• Alcoholic beverages and related products
• Bar and night club services

Q: Can I register a trademark on class header?

A: No

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: A colored mark is protected on its colors.

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

A: Yes

Q: Can you conduct a search by applicant name?

A: No

Q: Is the certificate issued in paper or electronically?

A: Paper

Q: If we register in one GCC country does it mean we are protected in the country?   

A: No, there is no cooperation treaty for trademarks in the GCC.

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: Yes

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

A: Yes

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

A: Patent Law No. 17 of 2017

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 your 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, 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:

• Scientific discoveries or theories, and mathematical methods
• Diagnostic, therapeutic and surgical methods for the treatment of both humans and animals.
• Plants and animals, other than microorganisms
• Biological processes for the production of plants or animals, other than non­ biological and microbiological processes
• Inventions, whose application for registration for the first time outside the Kingdom, had been filed by the owner more than eighteen months prior to the date of filing for registration in the Kingdom.

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

A: To the employer, if the invention is a result of an employment contract which requires the employee to carry out a particular inventive activity, unless otherwise stipulated by contract

If the economic value of the invention is not foreseen by the employer and employee upon concluding the contract, then the inventive employee shall be entitled to a fair compensation proportionate to such value. If the two parties fail to reach an agreement regarding the amount of compensation, such shall be determined by the competent court.

If an invention of relevance to the field of activity of the employer, is made by an employee not required to carry out an inventive activity by the employment contract, and if such an invention is made through use of expertise, documents, tools, or the raw materials of the employer placed under the employee's disposal, then the employee shall immediately notify the employer in writing of the invention In such case, the employee shall be entitled to the patent, if the employer does not express in writing an interest in owning the patent after the lapse of four months from the date of notice, or the date the employer becomes aware of the invention, whichever is earlier.

If the employer expresses his interest in owning the invention within four months from the date of notice, then he shall be entitled to the patent as of the date the invention is made The employee shall be entitled to a fair compensation, which takes into account the significance and the economic value of the invention, and all benefits accruing therefrom to the employer If the two parties fail to reach an agreement regarding the amount of compensation, it shall be determined by the competent court.

Q: Can the applicant amend an application under process?

A: The applicant may, at any time prior to the publication in the Official Gazette, request to make amendments to the invention specifications or the graphic illustrations thereof, with an indication to the nature or reasons for the amendment, provided that such amendments do not modify the substance of the invention, or the information disclosed in the original application.

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

A: The applicant may withdraw his application at any time unless it has been finally decided upon. However, such withdrawal shall not give the right to recover the fees paid or any other expense.

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