What are requirements for patentability in Saudi Arabia?
Following are requirements for patentability in Saudi Arabia:
Novelty, Inventive Step and Industrial Applicability
What are exclusionary subject matters from patentability?
Following subject matters are excluded from patentability:
Discoveries, scientific theories and mathematical methods.
Schemes, rules and methods of conducting commercial activities, exercising pure mental activities or playing a game.
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.
Plants, animals and processes – which are mostly organic – used for the production of plants or animals, with the exception of micro-organisms, non-organic and microbiology processes.
If exploitation of patent contradicts with principles of Shariah (Islamic) law.
Which department administer patents prosecution in Saudi Arabia?
King Abdulaziz City of Science and Technology (KACST) is responsible organization for implementation of Saudi Patent Law.
What is time frame for registration of patent?
Depending from case to case it is usually 24 to 30. King Abdulaziz City of Science and Technology (KACST).
How much is official cost from filing up to grant?
Total official fee for grant of a patent excluding examination fee is in the range of USD 750 for applications filed by companies. For individuals fee is USD 380. Examination fee is provided by patent examiner and it varies from case to case.
Can applications filed under Patent Cooperation Treaty enter into Saudi National Phase?
Yes, Saudi Arabia is a member of Patent Cooperation Treaty (PCT) from August 03, 2013. Cost is same as Saudi national application.
What is power of attorney requirements?
Power of attorney is required and should be executed by an authorized signatory before a Notary Public and legalized up to the Saudi Consulate in the country of the applicant. Patent office accepts power of attorney within 03 months of filing application.
Is there opportunity to amend patent application during prosecution in Saudi Arabia?
Yes, either by mandatory amendment during substantive examination or applicant can submit application to amend patent.
Is there more than one substantive examination?
Yes there are two substantive examinations and upto second examination report applicant can amend application. After second examination, there is decision by Examiner.
Can applicant claim right of priority from convention application?
As a member of Paris convention, Saudi Arabia is bound to accept priorities from convention application.
What is the limit on number of claims?
There is no such requirement.
Is it allowed to file a divisional application in Saudi Arabia?
Can be filed by claiming priority of original application. It shall be before decision to grant of original application.
Is it possible to withdraw pending patent application?
Before final decision it is possible to withdraw application.
Where is appeal against refusal decision filed?
Patent Dispute Committee is competent to hear appeal against any decision issued by patent office.
What is term of protection for a patent in Saudi Arabia?
It is twenty years from filing date.
What is term of protection for a PCT application entered into national phase?
It is twenty years from filing date of international patent application.
Is it possible to amend patent in appeal stage?
No, this is not practice.
Are there restoration procedures under Saudi patent law?
Being a member of Patent Law Treaty, restoration provisions of treaty can also be relied to restore a patent application. Saudi patent law has also restoration provisions for restoration of a patent application in Saudi Arabia
How payment of annuities is made for national patent and national phase PCT application?
For national patents it is from the year following the application filing year. For PCT national phase applications, it is from year following the application filing year however it shall include annuity from international filing date of PCT application.
What is rule of priority of ownership?
Saudi Arabia follows first to file rule.
Which is competent forum for patent infringement in Saudi Arabia?
Patent Dispute Committee is competent to adjudicate upon infringement issues. Decision is appealable to courts with two layers of appeals.
Are invalidity proceedings possible by any interested party?
Yes invalidity proceedings under limited circumstances as provided in law can be filed before Patent Dispute Committee.
Is there unitary patent system in the region?
Yes, GCC Patent Office grants patent which is equally protected in all member states of GCC including Saudi Arabia, Bahrain, Kuwait, United Arab Emirates, Qatar, and Oman.