Patent Registration:
- Kuwait is just a filing system for now, where you only file the application, no examination, publication, or granting of patents is being completed yet. However the Law outlines the examination, publication, and granting pf patents as below:
- The application will be formally 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90 days from the official notification date to fulfill all requirements, otherwise the application will be considered withdrawn.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 lapse.
- Once the application is substantively examined, the Examiner will issue a decision of:
- Reject the application: if the requirements were not met or the patent is non-registrable. The decision will be published.
- 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 lapse
- 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.
- No annuities are being collected for now as well by the ministry. However, the law set up the below regulations for settling annuities:
- 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.