Saudi Patent Law and Implementing Regulation

Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Designs

Chapter One

General Provisions

 

Article One:

This Law aims to provide full protection - within the Kingdom - for inventions, layout designs of integrated circuits, plant varieties and industrial designs.

 

Article Two:

The following terms and phrases, wherever mentioned in this Law, shall have the meanings expressed next to them, unless the context requires otherwise:

City: King Abdulaziz City for Science and Technology.

Directorate: The General Directorate of Patents at King Abdulaziz City for Science and Technology.

Subject matter of protection: Either an invention, a layout design of integrated circuits, a plant variety or an industrial design.

Protection document: The document granted by the City for one of the subject matters of protection. It may either be a patent, a certificate of layout design, a plant patent, or a certificate of an industrial design.

Invention: An idea developed by the inventor that results in a solution of a certain problem in the field of technology.

Integrated circuit: A product in its final or intermediate form in which the elements, at least one of which is active, and some or all of the interconnections are integrally formed in or on a piece of material, and the purpose of this is to perform an electronic function.

Layout design: Three dimensional disposition of the elements – at least one of which is active - and of some or all of the interconnections of an integrated circuit, or such a three dimensional disposition prepared for an integrated circuit intended for manufacture.

Plant variety: A plant grouping within a single botanical taxon of the lowest known rank which, irrespective of whether the conditions for the grant of a breeders right are fully met, can be defined by the expression of the characteristics resulting from a given genotype or a combination of genotypes distinguished from any other plant grouping, by the expression of at least one of the said characteristics, and considered as units with regard to its suitability for being propagated without change.

Plant breeder: The person who breeds, discovers or develops a new plant variety.

Industrial design: A composition of two-dimensional lines or colors, or any three dimensional shape that gives an industrial product, or a product of traditional crafts, a special appearance provided that this is not only for functional or technical purpose including textile designs.

Compulsory license: The permission given to others to exploit the subject matter of protection without the consent of the owner of the protection document, in accordance with the provisions of this Law.

Contractual license: A contract under which the owner of the protection document grants a third party some or all of his rights to exploit the protection document for a specified period against a specified fee.

Gazette: The Gazette issued by the City concerning all that relates to the subject matters of protection in accordance with the provisions of this Law and its Implementing Regulations.

Committee: The committee stipulated in Article Thirty Five of this Law.

Table: The table annexed to this Law which specifies the fees for the works carried out by the Directorate in accordance with the provisions of this Law.

Applicant: The person requesting the protection document, as registered in the Directorate records.

Regulations: The Implementing Regulations of this Law.

 

Article Three:

The City shall have the authority to apply the provisions of this Law and its Implementing Regulations.

 

Article Four:

The protection document shall not be granted if its commercial exploitation violates the Shari'ah.

The protection document shall not be granted if its commercial exploitation is harmful to life, to human, animal or plant health, or is substantially harmful to the environment.

 

 

Article Five:

The protection document shall be a personal right of the person in whose name it was issued. This right may be transferred by inheritance, as well as with or without consideration.

If the subject matter of protection is a joint work of several persons, they shall be equally entitled to the right, unless they have agreed otherwise.

No one shall be deemed a partner unless he contributes to the subject matter of protection, and his efforts are only confined to assistance in its execution.

If more than one person have independently developed the same subject matter of protection, the protection document shall be granted to the first applicant.

The person who develops the subject matter of protection shall have the right to state his name in that capacity in the protection document.

 

Article Six:

(a) The employer shall be the owner of the protection document, unless the work contract stipulates otherwise, where its subject matter results from the execution of a contract, or an obligation providing for exerting efforts to develop it, or if the employer proves that the employee would not have developed the subject matter of the protection had he not used facilities, means or data made available through his employment.

This shall be without prejudice to the employee’s right to receive a special award to be agreed upon with the consent of both parties, or assessed by the Committee in light of the various circumstances of the contract of employment, and the economic importance of the subject matter of the protection. Any special agreement depriving the employee of this right shall be null and void.

An application for a protection document filed by the employee within two years from the date of termination of employment shall be deemed as if submitted during the employment.

The previous provisions shall apply to government employees.

If the subject matter of protection developed relates to national security, it shall be governed by the provisions stipulated in the Implementing Regulations.

 

Article Seven:

If the subject matter claimed in the application or in the protection document is derived from a subject matter owned by a person other than the applicant or the owner of the protection document, then this person may request the Committee to transfer the ownership of the application or protection document to him. The case for the transfer application shall not be heard after the elapse of five years of granting the protection unless the applicant's bad faith is established.

 

Article Eight:

The application for granting protection document shall be submitted to the Directorate in the prescribed form. The Regulations shall specify the information and documents required to be enclosed with the application. If the applicant is not the party which developed the subject matter of protection, his name must be stated and the document proving the transfer of title of the patented subject matter to him must be enclosed, and the Directorate may, in this case, send a copy of these documents to the party which developed the subject matter of protection. After satisfying the requirements and payment of the specified fee, the application shall be registered.

 

Article Nine:

The applicant may introduce the amendments he deems fit in the application, provided that these amendments shall introduce no change to what was disclosed in the original application.

 

Article Ten:

The applicant may benefit from the priority given to a previous application

filed during the priority period specified for each of the subject matters of protection, from the filing date of the previous application, provided that it is accompanied by a written declaration stating the date and number of the previous application and the place where it was filed by him or his predecessor. He shall also submit a copy of the previous application approved by the authority where the protection application was submitted, within ninety days from the date of filing the application with the Directorate.

The priority period for patents and plant varieties shall be twelve months.

The priority period for the industrial design shall be six months.

 

Article Eleven:

The Directorate shall publish applications for patents on invention and plant varieties within eighteen months from the date of filing the application, after paying the specified fee.

 

Article Twelve:

The Directorate shall examine the registered applications in terms of formalities. If it appears, from the examination, that some of the legally prescribed conditions are not satisfied it may instruct the applicant to satisfy them within a maximum of ninety days from the date of notification. If he did not fulfill what was requested within the said period, his application would be considered as if it had never been filed.

 

Article Thirteen:

Once the application for patent or plant patent has been examined in terms of formalities, it shall be examined in terms of substance, in accordance with what is stated in the Regulations.

 

Article Fourteen:

If the Directorate finds that the application has satisfied the stipulated

conditions, it shall issue a decision granting the protection document. The said decision shall be published in sequence as regard to its issuance by the Directorate.

If the Directorate finds that the applicant does not qualify for the protection

document, it shall issue a decision stating the reasons for the rejection, and the applicant shall be notified thereof.

 

Article Fifteen:

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.

 

Article Sixteen:

Any action resulting in the assignment of the protection application or the protection document itself must be in writing, signed by the two parties, and approved by an authority acceptable to the Directorate. No transfer of title, relating either to the protection application or the protection document itself shall be effective vis-à-vis a third party, except after filing the change application, paying the required fees, and recording it in the Directorate registers.

If several parties participated in filing one protection application or in the ownership of one protection document each one of them may assign his right in the application or the protection document to any of the partners, to all of them, or to a third party. The Directorate shall publish the transfer of title in the Gazette.

 

Article Seventeen:

If the protection document is disposed of to others in accordance with any act of disposition, or the right to exploit it is transferred to others for any reason, the

owner of the protection document shall inform the party to whom the disposition is made or the party to whom the right of exploitation is officially transferred, of any legal measure taken in connection with the protection document, whether taken by him or by others against him.

 

Article Eighteen:

(a) Annual fees shall be due for the protection application or the protection document – in accordance with the table attached to this Law – which shall be paid at the beginning of each year starting from the year following the application filing date.

If the applicant or the owner of the protection document fails to pay it within a maximum period of three months from its due date, he shall be liable to pay double the amount. If he fails to pay after being warned during the three months following the expiration of the first three months, the application or the protection document shall cease to be valid, and this shall be recorded in the Register and published in the Gazette.

(b)Where the applicant has paid the required fees for three years without being

granted the protection document, he may postpone payment of the fees for the following years until the decision to grant the protection document is issued.

 

Article Nineteen:

The patent protection period shall be twenty years from the date of filing the application.

The layout design certificate protection period shall be ten years from the date of filing the application or ten years from the date of start of its commercial exploitation anywhere in the world. In any case, the protection period may not exceed fifteen years from the date of creation of the design.

The plant patent protection period shall be twenty years from the date of filing the application. However, the protection period for trees shall be twenty five years.

(d)The industrial design certificate protection period shall be ten years from the

date of filing the application.

 

Article Twenty:

If a person, in good faith, manufactures a product, utilizes an industrial process, manufactures an integrated circuit incorporating a layout design or a commodity including such a circuit, exploits a plant variety or makes serious arrangements, before the date of filing the patent application, or the priority application relating to that product or the process, design, plant variety, date of first commercial exploitation of the design anywhere in the world, such a party shall be entitled – despite the issuance of the protection document – to continue to perform these acts without expanding them. This right shall not be assigned or transferred to others except with all parts of the firm or one of them including goodwill.

 

Article Twenty One:

The owner of the protection document may grant a contractual license to others to perform all or some of the acts of exploitation stipulated in the special provisions, for each protected subject matter. A license contract shall not be valid vis-à-vis a third party unless the specified fee is paid and it is registered in the records of the Directorate. This license shall not deprive the owner of the protection document from exploiting the subject matter himself or granting another license for the same protected subject matter, unless the first license contract states otherwise.

 

Article Twenty Two:

The Directorate may instruct the parties to the license contract to amend it in order to prevent abusing the right in the protection document or any other negative effect on competition or the acquisition of technology and its dissemination.

 

Article Twenty Three:

The license gives the licensee the right to perform all acts and enjoy all privileges assigned to the holder of the protection document related to the subject of protection throughout the Kingdom during the whole period of protection, unless it is otherwise stated in the license contract. The licensee shall not assign the rights and privileges licensed to him by the owner of the protection document, unless it is expressly stated in the license contract.

 

Article Twenty Four:

(a) The City may grant a compulsory license to a third party to exploit an invention covered by the patent or a layout design of an integrated circuit covered by a certificate of design upon an application submitted to it, according to the following:

The application shall be submitted after the elapse of four years from the date of filing the patent application or three years from the date of granting the patent, whichever expires later, without the owner of the protection document exploiting his invention or having exploited it in an inadequate fashion, unless he justifies that with a legitimate excuse.

The applicant for the compulsory license must prove that he has exerted -over a reasonable period of time- efforts in order to obtain a contractual license on the basis of reasonable commercial conditions, and for a reasonable financial compensation. However, this provision and the provision of the preceding paragraph do not apply where the applicant is a government body or a person authorized by it, and the aim was to meet public interest - especially security, health, nutrition or the development other vital sectors of the national economy- or to meet a state of emergency or other very compelling circumstances, or where the aim thereof was public non-commercial purposes. In the latter case, and upon knowledge of the existence of a patent or a certificate of design, their holder shall be promptly informed.

The compulsory license is basically granted to make the invention or design available in the local markets. But this provision does not apply where the aim of the license is to prevent or restrict practices against which a decision or judgment is issued declaring them to be acts of unlawful competition.

The decision granting the license shall specify the scope and term of the license, according to the purpose for which it was granted. The license shall be subject to termination if the conditions for which it was granted cease to exist and their recurrence is not likely, with due regards to the lawful interests of the licensee.

The license shall not be exclusive.

Each application shall be independently decided.

The owner of the protection document or the holder of a certificate of a design shall be awarded a fair compensation. The Committee shall determine the amount of the compensation, and the licensee undertakes to pay it.

If the compulsory license is related to a patent of semiconductor technology, the purpose of the license shall be for public noncommercial purposes only or to control acts concerning which a decision or judgment is issued declaring them to be acts of unlawful competition.

If the patent involves a significant technological advance with a considerable economic value, which requires the exploitation of another patent, the City may grant that owner of the protection document a compulsory license to exploit the other patent. In such a case the compulsory license shall not be assigned unless the other patent is assigned. The owner of the other patent shall be entitled to a counter license from the compulsory licensee, in accordance with reasonable conditions.

 

Article Twenty Five:

(a) The City may grant a compulsory license to a third party to exploit a plant variety patented by a plant patent, upon an application submitted to it in accordance with the following:

(1) The compulsory license is necessary to protect public interest.

The applicant for the compulsory license being able financially and technically.

Failure of the applicant to obtain a license from the owner of the plant patent at reasonable terms.

The elapse of three years between the date of granting the plant patent and the date of applying for the compulsory license.

The compulsory license shall not be restricted to performing all or some of the acts referred to in Article 56 of this Law to meet the needs of the local market.

The owner of the patent shall be awarded a fair compensation. The Committee shall determine the amount of compensation, and the licensee shall undertake to pay it.

The City may instruct the owner of the plant patent to provide the holder of a compulsory license with the required quantity of propagation material for the use of the compulsory license in a reasonable fashion.

In other than exceptional circumstances, the compulsory license shall not be granted for a period less than two years or more than four years. The City may extend the term for additional periods, upon verifying that the grounds for granting the compulsory license still exist.

 

Article Twenty Six:

If a compulsory license is granted for a patented subject matter the beneficiary of the compulsory license may not assign it to others, unless the assignment includes all or part of the firm benefiting from the license or its goodwill. The City’s approval of the assignment is required; otherwise, it shall be null and void. If the City approves such assignment, the assignee becomes liable for the obligations assumed by the first beneficiary prior to the approval of the assignment.

 

Article Twenty Seven:

The City may amend the decision to grant the compulsory license if need arises. The owner of the protection document or the beneficiary of the compulsory license may request the City to make this amendment if its pre-requisites are fulfilled. The reasons for the decision of the City to amend the license or to reject the request must be stated.

 

Article Twenty Eight:

The City shall cancel the compulsory license in the following cases:

If the beneficiary of the license fails to exploit it in a way that satisfies the Kingdom’s needs, within two years from the grant of the license, renewable for an equal period, if it is proved that there is a legitimate cause.

If the beneficiary of the compulsory license fails to pay the due fees within ninety days from the due date, including the compensations to which the owner of the protection document is entitled, as stipulated in the decision granting the license.

If the beneficiary of the compulsory license fails to observe any condition necessary for granting of the license.

 

Article Twenty Nine:

The beneficiary of the compulsory license may relinquish the license by a written request to the City. However, the relinquishment becomes effective from the date of approval of the City.

 

Article Thirty:

Decisions of compulsory license, its amendment, withdrawal, transference to others and relinquishment shall be entered in the records of the Directorate, published in the Gazette and notified to the owner of the protection document.

 

Article Thirty One:

The owner of the protection document may relinquish it by submitting a written request to the City. The relinquishment may be confined to one or more of the stated elements of protection. However, relinquishment of the protection document, in case of compulsory license, shall only be accepted with a written

consent of the beneficiary of the license, or the proof of the existence of compelling circumstances justifying this relinquishment. The relinquishment shall be registered and published in the Gazette, and it shall not be effective against a third party except from the date of publication.

 

Article Thirty Two:

Any party with interest may challenge the decision of granting of a protection document before the Committee, and seek total or partial revocation, relying upon the violation of the stipulated conditions for granting the protection document. The owner of the protection document shall include the beneficiary of the license as a party to the lawsuit; otherwise, the latter may interfere on his own. The Committee may order to enter any party with interest, and the Implementing Regulations shall specify the grounds upon which the request for the revocation of any protection document shall be based.

 

Article Thirty Three:

A judgment of total or partial invalidity of the decision granting the protection document renders the decision null and void from the date of issuance, within the scope of what is nullified. However, the decision to nullify the protection document shall not imply a refund of the sums paid for the license to exploit it, unless the licensee proves that what he has gained, as a result of the license, is not equal to what he has paid, in which case he may recover the amount exceeding the gain he received. The decision of annulment of granting the protection document shall be published after its issuance, and shall be effective vis-à-vis a third party from the date of publication.

 

Article Thirty Four:

Any act of exploitation provided for in the special provisions governing each of the protection subject matters, performed by any person in the Kingdom without a written consent of the owner of the protection document recorded with the Directorate, shall be deemed an infringement on the subject matter of protection. At the request of the owner of the protection document, and any party with interest, the Committee shall grant an injunction to prevent the infringement in addition to the necessary damages, and it may impose a fine upon the infringer not exceeding one hundred thousand riyals. The maximum fine shall be doubled in case of repetition. If the Committee sees that the infringement calls for the punishment of imprisonment, the infringer shall be referred from the start to the Board of Grievances. The Committee may take the necessary prompt measures it deems necessary to prevent the damages resulting from the infringement.

The decision issued by the Committee in this case shall be published in the Official Gazette, the Gazette and two daily newspapers, at the expense of the party against whom the decision is issued. The provision of this article shall be applied, without prejudice, to any harsher punishment provided for in any other law.

 

Article Thirty Five:

A committee shall be formed of three law specialists and two technical

experts whose grade shall not be lower than grade twelve.

The members shall be nominated by the President of the City.

The formation of the Committee shall be pursuant to a resolution by the Council of Ministers for a term of three years renewable for one time only. The resolution shall appoint one of the law specialists as chairman of the Committee.

 

Article Thirty Six:

(a) The Committee shall have jurisdiction over the following:

All disputes and appeals against decisions issued in connection with protection documents.

Penal lawsuits for violations of the provisions of this Law and its Implementing Regulations.

(b) The litigants shall be notified of the lawsuits filed with the Committee, in accordance with the Implementing Regulations.

 

Article Thirty Seven:

Decisions of the Committee shall be issued by majority vote, provided that the grounds for the decisions are stated, and their text is read in a public session. The Committee shall not refuse to issue a decision in the lawsuit on the ground that there is no provision to govern the dispute in the Law or the Implementing Regulations. In that case the Committee shall refer to the general rules observed in the Kingdom. An appeal against any decision issued by the Committee may be brought before the Board of Grievances within sixty days from the date of notification of the decision.

 

Article Thirty Eight:

The Committee may contact the government bodies concerned and request any explanation and information it deems necessary. The City shall provide the Committee with all documents and papers relating to applications or subject matters of protection in dispute, whenever requested to do so by the Committee.

 

Article Thirty Nine:

The Committee may seek the assistance of different expert bodies for whatever it deems necessary of the technical matters referred to it, and it shall determine the litigants liable for the expenses incurred.

 

 

 

Article Forty:

Reviewing of the protection documents and any related information registered with the Directorate may be allowed free of charge. Any person may obtain copies therefrom, upon payment of the required fees.

 

Article Forty One:

Employees of the Directorate and members of the Committee shall not disclose technical information relating to the protection applications of which they become cognizant in their capacity to any person, unless such person is officially authorized to receive that information in accordance with the rules applicable in the Kingdom. They shall also not disclose such information to the public, or use it in any way. This undertaking continues after the end of their service.

Employees of the Directorate and members of the Committee may not obtain any of the protection documents or deal in any of the rights relating to them during their service and for two years after the end of service.

 

Article Forty Two:

Fees payable under the provisions of this Law shall be determined in accordance with the Table attached hereto, which may be amended by a resolution of the Council of Ministers upon the recommendation of the President of the City.

 

 

Chapter Two:

Special Provisions Governing Patents

 

Article Forty Three:

A patent may be issued on an invention, in accordance with the provisions of this Law, if it is new, involves an inventive step, and capable of industrial application. The invention may be a product, a process or relates to either.

 

Article Forty Four:

An invention is new if it is not anticipated by prior art. In this respect, prior art means all that is disclosed to the public anywhere by means of written or oral disclosure, by use or by any other way through which knowledge of the invention is realized. This has to be prior to the filing date of the patent application or the priority application. The disclosure of the invention to the public shall not count if it takes place during the priority period. The Regulations shall specify other cases of invention disclosure which do not fall within the meaning of prior art and the provisions governing temporary protection of inventions.

An invention is deemed to involve an inventive step if, with regard to prior art related to the patent application, it is not obvious to a person with ordinary skills in the art.

An invention is deemed industrially applicable if it can be manufactured or used in any type of industry or agriculture, including handicrafts, fishing and services.

 

Article Forty Five:

In the application of provisions of this Law, the following shall not be regarded as inventions:

Discoveries, scientific theories and mathematical methods.

Schemes, rules and methods of conducting commercial activities, exercising pure mental activities or playing a game.

Plants, animals and processes – which are mostly biological – used for the production of plants or animals, with the exception of micro-organisms, non- biological and microbiology processes.

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.

 

Article Forty Six:

The application shall relate to a single invention or to a group of integrated parts that form a single inventive concept. The applicant, before a decision to grant him a patent is made, may divide his application into more than one, provided that none of them shall deviate from what was disclosed in the original application. The date of filing the original application or the date of priority shall be deemed to be the date of filing of these applications.

 

Article Forty Seven:

The owner of the protection document may initiate an action before the Committee against any person who infringes his invention by exploiting it in the

Kingdom without his consent. The following shall be deemed as exploitation of the invention:

If it is a product: Its manufacture, sale, offering for sale, use, storage or its importation for any of these purposes.

If it is a process: The use of the process, or performing any of the acts referred to in the pervious paragraph, in relation to the product which is directly obtained by the use of this process.

However, the owner of the protection document’s right shall not preclude others from exploiting his invention in non-commercial activities relating to scientific research.

 

Article Forty Eight:

Subject to the legitimate interests of the defendant in protecting his industrial and commercial secrets, if the subject matter of the patent claimed to be infringed is a process to manufacture a certain product, the defendant must prove that the identical product was not manufactured by this process without the consent of the owner of the protection document, if one of the following two conditions is satisfied:

Where the product obtained through a patented process is a new product.

Where there is a substantial probability that the identical product was manufactured through the patented process, and the owner of the protection document was unable to determine the method actually used, by exerting reasonable efforts in this respect.

 

 

Chapter Three

Provisions Governing Layout Designs of Integrated Circuits.

 

Article Forty Nine:

An application for registration of a layout design of an integrated circuit may be filed, if the design has not been commercially exploited before or was subject to commercial exploitation for a period not exceeding two years in any part of the world.

 

Article Fifty:

The certificate of layout design shall be granted, if the layout design is original; i.e., a result of its creator’s own intellectual effort, and is not commonplace among creators of designs and manufacturers of integrated circuits at the time of its creation. As to a design that consists of a combination of elements and interconnections that are commonplace, it shall be deemed original if the whole combination is original.

 

Article Fifty One:

The owner of the certificate of design may initiate an action before the Committee against any person who infringes his design by exploiting it without his consent inside the Kingdom. The performance of any of the following acts shall be deemed to be exploitation of the design:

Reproducing the whole design or any original part of it, whether by incorporation in an integrated circuit or otherwise. Acts relating to personal purposes, or scientific purposes such as research, analysis, education or evaluation shall not be deemed to be infringement.

Importing, selling or distributing a design, or any integrated circuit in which a design is incorporated. It shall also be deemed to be infringement the performance of any of the acts referred to in this paragraph in relation to any article incorporating such an integrated circuit, if this circuit contains an unlawfully reproduced design.

 

Article Fifty Two:

The rights conferred by the certificate of design are confined to acts performed for commercial purposes. The owner of the certificate shall not be entitled to exercise his rights in relation to an identical original design independently created by another party. These rights do not extend to any other original design created on the basis of analyzing or evaluating the protected design, nor to any integrated circuit in which the other design is incorporated.

 

Article Fifty Three:

Acts mentioned in paragraph (b) of Article Fifty One shall not be deemed an infringement, if exercised or ordered to be performed by a person who does not know or has no reasonable grounds to know - when acquiring the integrated circuit or the article incorporating such circuit– that it incorporated an unlawfully reproduced design. He may perform these acts in relation to the stock on hand or ordered before he had received a sufficient notice that the design was unlawfully reproduced. He shall, however, pay the owner of the certificate of design a fair compensation estimated by the Committee on the basis of licenses granted pursuant to contractual negotiation.

Chapter Four

Provisions Governing the Protection of New Plant Varieties

 

Article Fifty Four:

The plant variety shall be patentable if it is new, distinct, uniform and stable, and proceedings have been taken to designate a denomination for it.

 

Article Fifty Five:

(a) The plant variety shall be deemed new if, at the date of filing the application or the date of the claimed priority, propagating or harvested materials of the variety have not been sold or otherwise made available to others by the breeder or with his consent, for the purposes of exploiting the variety in accordance with the following:

In the Kingdom of Saudi Arabia for more than one year.

In other countries for more than four years or, in case of trees or vines, for more than six years.

(b) The plant variety shall be deemed distinct if it is clearly distinguishable from any other variety whose existence is a matter of common knowledge at the time of filling the application or the time of the claimed priority. The Regulations shall specify the cases in which the existence of the plant variety is a matter of common knowledge.

The plant variety shall be deemed uniform if, subject to the variation that may be expected from the particular features of its propagation, it is sufficiently uniform in its basic characteristics.

The plant variety shall be deemed stable if its basic characteristics remain unchanged after repeated propagation or at the end of each given propagation cycle.

The plant variety shall be named by specifying its genus and species, and the denomination must enable people to identify it.

 

Article Fifty Six:

(a) The plant owner of the protection document may initiate an action before the Committee against any person who infringes the patented variety by exploiting the propagating material of the patented variety without his consent inside the Kingdom. The following shall be deemed to be exploitation of the propagating material of the patented variety:

Producing or propagating it.

Conditioning it for purposes of propagation.

Exporting it.

Importing it.

Offering it for sale, selling it or any other sort of marketing.

Stocking it for any of the above purposes.

(b) Rights stipulated in paragraph (a) of this Article include harvested material of the variety, including the whole plant or part thereof obtained by unlawful use of the propagating material of the variety. This applies where the owner of the protection document of the plant patent was not given a reasonable chance to exercise his rights in relation to the propagating material of the said variety.

(c) Rights stipulated in paragraphs (a) and (b) extend to the varieties derived essentially from the protected variety if it is not possible to distinguish such varieties clearly, in accordance with paragraph (b) of Article Fifty Five of this Law, from the said protected variety, or that the production of these varieties requires the repeated use of the said protected variety.

(d) Rights stipulated in paragraphs (a), (b) and (c) of this Article shall not extend to acts performed for non-commercial personal purposes or for experimental purposes or for purposes of breeding new varieties.

 

Article Fifty Seven:

The right conferred by the plant patent shall not be restricted by any measure taken to regulate the operations of producing the materials of plant varieties, their monitoring, marketing, importation and exportation.

 

Article Fifty Eight:

The owner of the plant patent is obligated to do the following:

Maintain the protected variety or, when necessary, its hereditary components for the whole duration of the term of protection.

Provide the City, upon its request, and within the specified period, with information, documents or necessary materials to prove his maintenance of the variety.

Propose a suitable denomination for the variety, within the specified period, in case its denomination was cancelled by the City.

Provide the City when necessary, upon its request and within the specified period, with reasonable samples of the protected variety or its hereditary components for the following purposes.

Establishing or renewing the official sample of the variety.

Undertaking a comparative test of other varieties for purposes of protection.

In case the owner of the plant patent does not observe any of these obligations, the plant patent shall be forfeited after notifying him of the necessity of fulfilling his obligation and giving him a reasonable grace period to fulfill the obligation he has violated. In all cases the forfeiture of the plant patent shall be entered in the register and published in the Gazette. The Regulations shall specify the grace periods stated in this Article.

 

Chapter Five

Special Provisions Governing Industrial Designs

 

Article Fifty Nine:

The industrial design certificate shall be granted, if it is novel and has features that distinguish it from known industrial designs. The industrial design shall be deemed novel if it was not disclosed to the public through publication anywhere in a tangible form, by use or by any other way, prior to the date of filing the registration application or the priority application. Disclosure of the industrial design to the public shall have no effect if it occurs during the priority period. The Regulations shall determine the other cases of disclosure which have no effect, as well as the provisions governing temporary protection of industrial designs.

 

 

Article Sixty:

The owner of the industrial design certificate may initiate an action before the Committee against any person who infringes the industrial design by exploiting it for commercial purposes without his consent within the Kingdom through manufacture, sale or importation of a product that includes or represents a wholly or substantially copied industrial design.

 

Chapter Six

Concluding Provisions

 

Article Sixty One:

Without prejudice to what Article Thirty Four stipulates, any party that violates any of the provisions provided for in this Law shall be punished with a fine not exceeding fifty thousand riyals, and the maximum limit shall be doubled in case of repetition.

 

Article Sixty Two:

Grace periods and time limits stated in this Law shall be in accordance with what is provided for by the international agreements in this respect.

 

Article Sixty Three:

The President of the City shall issue the Implementing Regulations for this Law, within one hundred eighty days from the date of its coming into effect. They shall be published in the Official Gazette. He shall also issue the necessary decisions for implementing the provisions of this Law.

 

Article Sixty Four:

This Law shall replace the Patent Law issued by the Royal Decree No. (M/38) dated 10/6/1409H, and its provisions shall govern the patent applications and the patents in force, and shall supersede all provisions that are inconsistent therewith.

 

Article Sixty Five:

This Law shall be published in the Official Gazette and shall come into force after thirty days from the date of publication.

 

 

 

Implementing Regulations of the Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Designs

Part One

General Provisions

Article (1): Definitions

The following terms and phrases, wherever mentioned in this Law, shall have the meanings given next to them, unless the context requires otherwise:

City: King Abdulaziz City for Science and Technology.

Directorate: The General Directorate of Patents at King Abdulaziz City for Science and technology.

Law: The Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Designs.

Regulations: The Implementing Regulations of the Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties and Industrial Designs.

Subject-Matter of Protection: An invention, a layout design of an integrated circuit, a plant variety or an industrial design.

Protection Document: A patent, a certificate of design, a plant patent, or a certificate of an industrial design.

Committee: The Committee provided for in Article Number Thirty Five of the Law.

Paris Union: The Union constituted pursuant to Article One of Paris Convention for

the Protection of Industrial Property, consisting of member countries of the Convention.

 

Article (2): The Directorate

The Directorate is responsible for implementing the provisions of the Law and the

Regulations. It may especially perform the following:

1. Receive protection applications, follow-up their processing and prepare the

protection documents.

2. Propose issuance and amendment of the necessary forms to carryout its duties.

3. Grant and issue the protection documents and publish information regarding the same.

 4. Utilize information technology as well as national and international data bases in processing protection applications and documents.

5. Propose the necessary amendments to the provisions of the Law and the Regulations.

6. Propose licensing regulations for agents and lawyers to practice their

profession before the Directorate.

 

Article (3): Rules for Dealing with the Directorate

1. Communications with the Directorate shall be addressed to the “Director

General of the General Directorate of Patents” at King Abdulaziz City for Science and Technology in accordance with the mailing address determined by the Directorate or by any other means acceptable to it.

2. Communications with the Directorate shall be in writing. The appearance in person of the applicant or the agent is not necessary.

3. Communications with the Directorate in connection with the applications shall refer to the application's number. Communications not complying with this shall be returned to the sender at the address mentioned therein.

4. Applications for granting protection documents and any relevant documents or communications shall be delivered to the Directorate by hand or by mail. It may decide to accept delivery thereof electronically.

5. Notices and communications relating to protection applications and protection documents shall be delivered by the Directorate by hand or by registered mail, and all communications from the Directorate shall be sent to the applicant or the agent at the address recorded with the Directorate and all such notices shall be deemed legally binding.

6. The day on which the notice is sent shall not be counted as part of the grace period given. Any period expiring on weekends or official holidays of the Kingdom shall be extended to the first working day following these holidays.

7. The Directorate shall stamp the date of receipt on all communications it receives in connection with the application for protection documents.

 

Article (4): Directorate's Records and Files

1. The Directorate shall prepare records for different protection documents applications and registers for protection documents, where the main data of the applications and protection documents and any amendments thereof shall be recorded.

2. Published files of forfeited applications for protection documents shall be available for review by the public.

3. Applications for protection which are published shall be made available for review by the public.

4. Copies of the applications mentioned in 2 and 3 may be obtained upon payment of a fee.

5. Unpublished protection applications shall remain confidential.

6. The Directorate shall keep the originals of the applications or copies thereof for a period of five years from the date of withdrawal, forfeiture rejection of the application or forfeiture of the right to the protection document or expiration of its term.

 

Article (5): Payment of Fees

1. Fees shall be paid in accordance with the table of fees approved by the Law and attached to these Regulations by a check made to “King Abdulaziz City for Science and Technology- Patents” or by depositing in the bank account of the City designated for that purpose or in the manner determined by the Directorate.

2. The Directorate shall, upon request, refund any sums paid by mistake or paid in excess of the fees.

 

Article (6): Gazette and Other Publications

1. The Directorate shall publish a periodical gazette in Arabic containing all that is required by Law to be published. The Gazette may also contain all that relates to the subjects and laws of protection, such as amendments, notices and news. If necessary, it may contain a translation of some information into English.

 2. The Gazette shall be issued in serial numbers, carrying both the Hijri and Gregorian calendar dates, and the Directorate shall make it available electronically on the Internet and shall keep a number of copies.

3. The Directorate may provide government and other bodies with free copies of the Gazette. Subscription may be by payment of specified subscription fees or according to the exchange system, whether inside or outside the Kingdom.

4. The Directorate may publish the following in paper or electronic form:

(a) Patents and plant patents applications containing the specification as filed.

 (b) Protection documents containing the specification.

 (c) Final decisions issued by the Committee.

 5. The Directorate may exchange these publications with others and with other patent offices.

 

Article (7):

The Gazette shall contain at least the following:

1. The first page of the application for patents and plant patents.

2. The first page of the granted protection documents and all figures

contained in the industrial design certificate.

3. A list of protection applications and protection documents whose

ownership has been changed or transferred.

4. A list of protection applications and protection documents that are forfeited.

5. A list of the rejected applications for protection.

6. A list of the withdrawn applications for protection.

7. A list of the applications for protection and protection documents whose data have been amended.

8. A list of the denominations of the plant varieties included in the

applications for plant patents.

 9. A list of the new denominations of plant varieties.

10. A list of the abandoned protection documents.

11. Decisions of compulsory licenses, amendments, withdrawals, transfer to others and abandonment thereof.

12. Text of final decisions issued by the Committee.

 

 

Part Two

Conditions and Provisions for Filing an Application

Article (8):

1. Applications for granting protection documents and forms shall be submitted in paper form typed on computer in Arabic (using Simplified Arabic font, size 14 for Arabic script and Times New Roman font, size 12 for Roman script) and shall be clear. A copy on an electronic medium shall be provided in accordance with the conditions stated in the chapters of this Part. The forms shall contain all the information required and answers to all the queries.

2. The Directorate shall determine as a date of filing, the date of receipt of the application for protection satisfying all the requirements stipulated in Articles 9 to 28 according to each subject matter of protection.

3. If the applicant is residing outside the Kingdom, an authorized local agent shall be appointed.

 

Chapter One

Conditions and Provisions for Filing a Patent Application

Article (9): Conditions for Filing an Application

1. The application shall include form (No.101) “Application for Patent”, the specification of the invention and any relevant enclosures.

2. The title of the invention shall comply with the specified conditions for filling the application form and shall not be different from the title mentioned in the specification of the invention.

3. The documents submitted shall be original copies or certified by the competent authorities.

4. Payment of the filing fees at the time of submission of the application.

5. The applicant shall satisfy all the requirements of the Directorate related to the application.

 

Article (10): Conditions for Filling Form No. (101) “Application for Patent”

Form No. (101) “Application for a Patent” shall be filled clearly and shall contain the title of the invention, the name of the applicant, his address, place of residence and place of work, the name of the inventor and his address and the name of the agent, if any, and his address, as well as information regarding priority and disclosure. The fields of the form shall be filled in accordance with their numbers as follows:

1. Title of the Invention: The title of the invention shall be brief and specific, preferably of not more than seven words. General statements such as “A Chemical Process”, “An Electronic Device”, “An Electric Machine” and “An Organic Compound of New Characteristics” shall not be considered as titles of an invention. In order to shorten the title of the invention some statements shall not be used, such as “New Method of _ _ _ _ _ _ _ _ “, “Improvements in _ _ _ _ _ _ _ _ _”, “Development in_ _ _ _ _ _ _ _ _”.

2. Name of the Applicant: For individuals, the name shall be identical to what is in the identification document and in the following order: First name, father’s name, grandfather’s name, family name. As to corporations and companies, it shall be identical to the official name. If there are more than one applicant, the information relating to the first applicant shall be recorded in this part and the information relating to the remaining applicants shall be recorded in the special attachment for that purpose

(Form 101-A). Communications between the Directorate and the applicants shall be made through the first applicant if there is no agent. If the applicant is not the inventor, the document showing the transfer of the right to him shall be attached.

3.Name of the Inventor: The name of the inventor shall be identical to what is stated in the identification document and in the following order: First name, father’s name, grandfather's name, family name. If there are more than one inventor who participated in the invention, the information relating to the first inventor shall be recorded in this part, and the information relating to the remaining inventors shall be recorded in the special attachment for that purpose (Form 101-B).

 4. Priority and Disclosure Information: If the invention was previously disclosed, the documents showing the date of disclosure and the reasons for that shall be attached. If the applicant is a national of one of the countries of the Paris Union or a resident in one of them and desires to claim priority of an application previously filed in one of the countries of the Union, the information relating to the priority claim (the country, the number of the application and the date of filing) and the number of the patent and its date, if any, shall be stated. In case there are multiple priorities, the information relating to the number one priority shall be filled in Form (101) and the information of the subsequent priority in Form (101-C) and an approved copy of the previous application and a translation thereof shall be submitted within three months. In all cases, other international treaties to which the Kingdom is a party shall be applied. Data regarding other previous filings (country name, application number, filing date) and, if available, patents number and date shall also be submitted.

 

 

5. Attachments: The attachments to the Form (the specification and any other attachments), shall be listed, and the number of their pages shall be given in numbers and letters. In case of a priority claim, any attachment in this respect shall be referred to.

6. Name of the Agent: The name of the agent shall be stated, and he shall be authorized by a power of attorney issued by a notary public, if the applicant is in the Kingdom. If the applicant is outside the Kingdom, it is necessary to have a power of attorney approved by the competent authorities and certified by the Kingdom's diplomatic missions abroad, and the agent shall attach proof that he is licensed to practice such a profession in the Kingdom.

7. Declaration: The name of the applicant or the agent and his signature shall be given in this part. The seal of the authorized agent – if any – shall be added. It shall be stated there in that the applicant or the agent is responsible for all the consequences of not providing the correct information.

 

Article (11): General Conditions for the Specification:

1. The Specification shall include the following contents and in the following order: “Abstract”, “Full Description”, “Claims” and “Drawings”.

 2. The beginning of each type of content shall be the beginning of a new page, and the name of each type of content shall be given in the center of the line at the top of the page and shall be underlined. The specification papers (other than the drawings) shall be numbered consecutively; with the page number in the center under the top margin (but not within it).

3. The abstract and the full description shall begin with the title of the invention.

4. The specification shall be submitted in one original and two identical copies which can be directly duplicated by any type of duplication.

5. White size A4 paper shall be used.

6. The papers shall be clean, with no scratches, amendments, cancellation or any carbon stains.

7. Only one side of each paper shall be used.

8. The space between lines shall be about 1 cm.

9. Dimensions of margins (except for the drawings) in all pages shall not be less than the following: top 2 cm., right 2.5 cm., bottom 2 cm., left 2 cm., and they shall not be more than the following: top 4 cm., right 4 cm., bottom 3 cm., left 3 cm.. The margins shall be completely clear.

10. The lines of each page shall be numbered. For this purpose, it is sufficient to number the fifth, the tenth lines, etc... This shall be to the left of the right margin, except for the “Claims” where all the lines for each individual claim shall be separately numbered.

11. The abstract, the full description and the claims may include names, symbols, formulae, mathematical and chemical equations, scientific terms and others in Latin letters and none of them shall contain drawings. As for tables, if any, they shall be included in the full description of the specification.

12. Measurements shall be in the metric system and temperature degrees in centigrade. Corresponding units may be subsequently mentioned between parenthesis.

13. It is necessary to attach the drawings and illustrative figures if that leads to full and clear understanding of the invention.

 

 

 

 

Article (12): Instructions Relating to Applications when Translated into Arabic

1. The scientific term shall be given in its original language with the Arabic synonym, when used for the first time. Subsequently, the Arabic name only is given, except for the claims where the term shall be repeated in both languages.

2. In case of use of abbreviated names in a foreign language, the full name in both Arabic and English shall be mentioned when used for the first time in the text. Subsequently, the abbreviation only shall be given.

3. The same Arabic term for a Latin word shall be used when the Latin term recurs in the text.

4. Symbols, units, names and basic physical constants approved by the

International Union for Pure and Applied Physics (IUPAP)– the SUNAMCO Committee-- published in the Union Document No. 25 shall be adopted.

5. Latin letters shall be used in accordance with the IUPAC System for writing structural figures and chemical formulae, symbols of chemical elements, compounds, and names. If the chemical name appears in the title it shall be written in both Arabic and Latin.

6. References, research papers, articles and scientific books shall be written in their original language.

 

Article (13): Conditions for the Abstract

1. The abstract shall not occupy more than half a page or one page in exceptional cases.

2. If there are drawings, there shall be a reference in the abstract to the figure that generally represents the invention, and the number of this figure shall be given at the end of the abstract.

3. If there is reference in the abstract to constituents present in the figure mentioned in the previous paragraph, and if numbers or letters are used there in to identify these constituents, such numbers or letters shall be given between parenthesis within the text in the summary.

4. The technical field shall be mentioned in the abstract, in addition to a brief description of the most important components of the invention and its primary use.

 5. The abstract shall be written in simple language providing a clear idea of the solution of the technical problem as so to be used for providing technical information and as an aid in the field of scientific research. It shall be noted, however, that the abstract shall not be used for the interpretation of the scope of protection.

6. The anticipated significance, value or merits of the invention shall not be mentioned.

7. An English version of the abstract, if any, shall be attached.

 

Article (14): Conditions for the Full Description

The full description shall include the following parts:

(1) “Background of the Invention” where the technical field of the invention shall be indicated, and a description of the prior art is given, including any documents of which the inventor is aware, in addition to mentioning any problems relating to the prior art the invention may overcome.

 (2) “General Description of the Invention” which shall indicate the merits of the invention compared to the prior art and how to overcome previous difficulties or problems. It shall also indicate the purpose of the invention. All that shall be in a clear manner understood by an average person in the field of technology. This part usually relates to the primary claim.

 (3) “Brief Explanation of the Drawings” where a brief explanation of the figures and their sectors, if any, is given.

 (4) "Detailed Description” the description shall be clear and adequate for an ordinary person in the art to execute, and a detailed explanation of all aspects of the invention and the method of its industrial application shall be given, disclosing the best way of implementing it at the filing date or the priority date. The explanation shall also include a reference to the drawings attached. If the application contains gene sequence, it shall be individually attached in electronic format.

The above parts shall be sequentially ordered, under the following headings: “Background of the Invention”, “General Description of the Invention”, “Brief Explanation of the Drawings”, “Detailed Description”. shall be given at the beginning of the line and shall be underlined. The beginning of the part does not require the beginning of a new page.

 

Article (15): Conditions for the Claims

(1) The application shall contain at least one independent claim. It may contain other dependent and independent claims, and they shall be numbered consecutively, provided that the number one claim is the one defining the widest scope required.

 (2) The claims shall give a full definition of the required scope of protection including the new essential components of the invention. They shall also be of a specific scope, compared to what is disclosed in the full description.

 

(3) The claims shall be clear and interconnected and shall define the essence of the invention (not its merits) in a specific manner which makes it possible to check the scope of protection without recourse to the full description or the drawings, except when necessary.

 (4) The claims shall be formulated, whenever possible, in such a way to identify the new part or the inventive step in the scope of protection. For example, the invention to be protected shall be defined by specifying its components and technical features, followed by the phrase, “which is characterized by … “or “the improvement comprises ….” or any other similar phrase, then the novel or innovative aspect that distinguishes it from any other invention shall be mentioned.

(5) If the application contains drawings and there is reference in the claims to components present in one of the figures that include numbers or letters used to identify these components, these numbers or letters may be mentioned between parenthesis within the text in claim.

 

Article (16): Conditions for the Drawings

(1) Drawings shall be on size A4 paper, resulting in good and clear drawings that maybe duplicated clearly.

(2) Dimensions of the margins in all pages shall not be less than: top, 2.5 cm, right, 2.5cm, bottom, 1 cm, and left, 1.5 cm.

 (3) Pages shall be numbered consecutively, mentioning the total number of the pages of the drawings, such as 1/4, 2/4, 3/4 and 4/4. This shall be under the top margin in the center of the page.

(4) The page may contain more than one figure, and it is possible when necessary to put one figure on more than one page provided that they can be easily arranged side by side to make one drawing.

(5) Figures shall be given separate numbers irrespective of the number of the page and whenever possible care must be taken to arrange and assemble them in accordance with their consecutive numbers.

(6) The size of the numbers of the constituents of the figures of the drawings, or the letters used to identify the constituents, shall not be less than 3 mm. The same numbers or letters shall be used in the different drawings to identify the same constituents.

(7) Drawings may not be shaded and shall be of dark black lines, and the places of the sector shall be indicated with broken lines.

(8) Drawings may not contain any words or otherwise for purpose of the description. When necessary, some words may be used to explain some of the main features.

 

Article (17): Other Attachments to the Application

The applicant shall provide the Directorate with a copy of the examination and search reports. He shall also provide the Directorate, upon request, with copies of applications previously filed or patents already granted by other offices for the same invention.

 

 

Chapter Two:

Conditions and Provisions for Filing an Application for a Certificate of a Layout Design of an Integrated Circuit

Article (18): Conditions for Filing an Application

1. The Application shall include the following:

a. Form No. (201) “Application for a Certificate of a Layout Design of an

Integrated Circuit” where the information shall be recorded in accordance with Article 19 below.

b. A brief and accurate description of the design, including the information that defines the electronic function performed by the integrated circuit.

c. A clear drawing or picture of the design. Parts of the drawing or picture related to the method of manufacturing the integrated circuit may be excluded, provided that the remaining parts are sufficient to explain and identify the design.

d. Any other relevant attachments.

2. A sample of the integrated circuit shall be enclosed if it is the subject of commercial exploitation, if requested by the Directorate.

3. Only one side of each paper shall be used.

4. The submitted documents shall be original copies or certified by the competent authorities.

5. Payment of the application fees at the time of filing.

6. The applicant shall fulfill all the Directorate’s requirements relating to the application.

Article (19): Conditions for Filling out Form No. (201), “Application for a Certificate of a Layout Design”

Form No. (201), “Application for a Certificate of a Layout Design” shall be filled out clearly as follows:

1. Title of Design: It shall be concise and precise.

2. Date and Place of First Commercial Exploitation: This information shall be recorded if the design has been exploited commercially anywhere in the world.

3. Name of Applicant: For individuals, the name shall be identical to the name in the identification document in the following order: first name, father’s name, grandfather’s name and family name. As for establishments and companies, it shall be identical to the official name. If there is more than one applicant, data relating to the first applicant shall be recorded in this part, and the data relating to the remaining applicants shall be recorded in the attachment designed for that purpose, (Form No. (201-A)). Communications between the Directorate and the applicants shall be through the first applicant if there is no agent.

 4. Name of Design Creator:

The name shall be identical to the name in the identification document in the following order: first name, father’s name, grandfather’s name and family name. If there is more than one creator, the data relating to the first creator shall be recorded in this part and the data relating to the other creators shall be recorded in the special attachment designed for that purpose (Form No. 201-B).

 

 

5. Name of Agent:

The name of the agent shall be stated, and he shall be authorized by a power of attorney issued by a notary public if the applicant is in the Kingdom. If the applicant is outside the Kingdom, it is necessary to have a power of attorney approved by the competent authorities and certified by the Kingdom's diplomatic missions abroad, and the agent shall attach proof that he is licensed to practice such a profession in the Kingdom.

6. Attachments:

The attachments to the Form (figures and any other attachments) and the number of their pages shall be written in numbers and letters, and in the case of previous commercial exploitation any attachments in this respect shall be indicated.

7. Declaration:

In this part shall be given the name of the applicant or the agent and his signature. The seal of the authorized agent, if any, shall be added. It shall be stated that the applicant or the agent is liable for all the consequences of not providing the correct information.

 

Chapter Three:

Conditions and Provisions for

Filing an Application for a Plant Patent

 

Article (20): Conditions for Filing an Application

1. The application shall include Form No. (301), “Application for a Plant

Patent”, and the technical description of the variety according to the forms of each plant genus protected by these Regulations, as well as any relevant attachments.

2. The application for protection may not be related to more than one variety.

3. White size A4 paper shall be used, and the paper must be clean and free from amendments, cancellation and carbon stains.

4. The technical description of the variety shall be submitted in one original and two true copies.

5. The denomination of the plant variety mentioned in the technical description of the variety shall be identical to the denomination mentioned in the Form and the official documents.

6. The documents submitted shall be original or certified by the competent authorities.

7. Application fees shall be paid at the time of filing the application.

8. The applicant shall fulfill all the Directorate’s requirements relating to the application.

 

Article (21): Conditions for Filling out Form No. (301), “Application for a Plant Patent”

Form (301), “Application for a Plant Patent”, shall be filled out in a clear manner. It is preferable to add the name of the applicant, the name of the plant breeder and the data relating to priority and disclosure in English. The form shall be filled out according to its numbers as follows:

1. Denomination of the Plant Variety or Proposed Denomination:

The denomination of the variety shall be given in this part. If there is no denomination, a proposed denomination of the variety or a temporary one that refers to the plant breeder shall be submitted. The denomination of the plant variety may consist of one word or a group of words and numbers or a group of letters and numbers with or without meaning, provided that the constituents of the denomination make it possible to identify the variety.

Genus and Species: The scientific name of the variety shall be mentioned by mentioning its genus and species in Latin, in italics or underlined, according to the conventions of writing the scientific name.

Common or Commercial Name: If there is a common or a commercial name for the variety it shall be given in Arabic and in English or Latin.

2. Name of Applicant:

For individuals, the name shall be identical to the name in the identification document in the following order: first name, father’s name, grandfather’s name and family name. As for establishments and companies, it shall be identical to the official name. If there is more than one applicant, the first applicant’s data shall be recorded in this part, and the data relating to the remaining applicants shall be recorded in the attachment designed for that purpose (Form No. 301 A).

Communications between the Directorate and the applicants shall be through the first applicant if there is no agent.

3. Name of the Plant Breeder:

Name of the plant breeder shall be identical to the name in the identification document in the following order: first name, father’s name, grandfather’s name, and family name. If there is more than one breeder who actually participated in the breeding of the plant, data relating to the first breeder shall be written in this part and the data relating to the remaining breeders shall be recorded in the attachment designed for that purpose (Form No. 301-B).

4. Name of the Agent:

The name of the agent shall be stated, and he shall be authorized by a power of attorney issued by a notary public if the applicant is in the Kingdom. If the applicant is outside the Kingdom, it is necessary to have a power of attorney approved by the competent authorities and certified by the Kingdom's diplomatic missions abroad, and the agent shall attach proof that he is licensed to practice such a profession in the Kingdom.

5. Attachments:

The attachments to the Form (technical description of the variety and any other attachments) and the number of their pages shall be recorded in numbers and letters. In case of a priority claim, any attachments in this respect shall be indicated.

6. Priority and Disclosure Information:

If the plant variety was previously disclosed or sold or the propagating materials were previously sold, the documents showing the date and reasons for disclosure shall be attached. In the case of a priority claim, there shall be mentioned the name of the country, date and number of application, date of publication and the number of the plant patent (the number of granting the patent to the plant breeders) and its date, if any. A certified copy of the previous application and a translation there of shall be attached within three months. In all cases, international treaties to which the Kingdom is a party shall be applied. Data regarding the previous filings (country name, filing date, application number, publication date) and, if available, plant patent number (plant breeder’s right number) and date shall also be submitted.

7.Declaration:

In this part shall be written the name of the applicant or the agent and his signature. The seal of the authorized agent, if any, shall be added. It shall also be stated that the applicant or the agent is liable for all the consequences of not providing the correct information

 

Article (22): Conditions for the Technical Description of the Variety

When submitting the technical description of the variety it shall include the following:

1. Denomination of the variety.

2. Specification of the plant classification (by giving both its Latin and local denomination).

3. Full disclosure of the origin of the variety and the method of breeding and whether it is thorough genetic engineering.

4. A detailed description of the consecutive stages of the selection and propagation processes which were used to breed the variety.

5. Proof of the uniformity of the variety showing the degree of variation in any of its characteristics.

6. Statement of the stability of the variety showing the number of cycles of propagation during which none of the distinguishing features has undergone any change and the changes noted during the propagation processes, and their repetition, together with a repetition of the noted or expected confusion.

7. Statement that the variety is distinct showing clearly how it is distinguished from other varieties descending from the same species. If there is similarity between the variety and other varieties, the applicant shall specify these varieties with a detailed description of the differences among them. Samples of propagation materials or other plant samples of the variety or photographs of it shall be provided, if this helps show the distinctiveness of the variety very clearly.

8. Drawings of the variety, if they are necessary to identify it, along with a brief description thereof, if any.

9. A photograph of the plant or its main parts, especially ornamentals or unknown plants.

Article (23): Other Attachments to the Application

The applicant shall provide the Directorate with a copy of the examination and the search reports, and, upon request, copies of the previously filed applications or plant patents (breeder’s rights) granted by other offices in connection with the same plant variety.

Article (24): The Directorate shall provide protection for fifteen genera in the first year of the application of the Law. It shall issue a list of them, and it shall include additional ones every year according to need and ability.

Part Four

Conditions and Provisions for Filing an Application for a Certificate of an Industrial Design.

Article (25): Conditions for Filing an Application

(1) An application for a certificate may include more than one industrial design provided that all of them are of the same class, according to the International Classification of Industrial Design (Locarno Classification), or the same group or the same structure. The applicant shall pay the fees prescribed for each industrial design.

(2) The application shall include Form No. (401) “Application for a Certificate of an Industrial Design” and Form No. (401-A) “Data of the Industrial Design” and any other relevant attachments as well as figures (pictures and drawings) for the industrial design requested to be protected. The number of industrial designs included in the application shall be specified. Form No. (401-A) shall be filled out for each industrial design.

 (3) Only one side of each paper shall be used.

(4) Documents submitted shall be original copies or certified by the competent authorities.

 (5) Payment of the fees for filing each application (Form No. (401-A)) at the time of applying.

(6) The applicant shall fulfill all the Directorate’s requirements relating to the application.

 

Article 26: Conditions for Filling out Form No. (401) “Application for a Certificate of an Industrial Design”

Form No. (401) “Application for a Certificate of an Industrial Design” shall be clearly filled out as follows:

(1) Name of Applicant: For individuals, the name shall be identical to the name in the identification document in the following order: first name, father’s name, grandfather’s name and family name. As for establishments and companies, it shall be identical to the official name. If there is more than one applicant, the first applicant’s data shall be recorded in this part, and data relating to the remaining applicants shall be recorded in the attachment designed for that purpose, (Form No. 401-B). Communications between the Directorate and the applicants shall be through the first applicant if there is no agent.

(2) Name of Agent: The name of the agent shall be given, and he shall be authorized by a power of attorney issued by a notary public if the applicant is in the Kingdom. If the applicant is outside the Kingdom, it is necessary to have a power of attorney approved by the competent authorities and certified by the Kingdom's diplomatic missions abroad. The agent shall attach proof that he is licensed to practice such a profession in the Kingdom.

(3) Declaration: The name of the applicant or the agent and his signature shall be given in this part. The seal of the authorized agent, if any, shall be added. It shall be stated that the applicant or the agent is responsible for all the consequences of not providing the correct information.

 

Article (27): Conditions for Filling out Form No. (401-A) “Data of the Industrial Design”

The number of the industrial design shall be specified consecutively (1,2,3,4 …) according to the number specified in Form No. (401). Form No. (401-A) shall be filled out as follows:

(1) Name of Designer: The name of the designer shall be identical to the name in the identification document in the following order: first name, father’s name, grandfather’s name and family name. If there is more than one designer, the first designer’s data shall be recorded in this part, and data relating to the remaining designers shall be recorded in the attachment designed for that purpose, (Form No. 401-C).

(2) Technical Information: Description of the Industrial Design: The industrial design shall be described in writing by describing each enclosed figure (picture or drawing) or by giving as brief a general description as possible. An additional sheet of paper may be attached if the assigned space is not sufficient.

Type of Products: The type of products in which the industrial design is used shall be given briefly and specifically, using the International Classification of Industrial Designs.

Classification: Classification of the industrial design shall be mentioned in accordance with the International Classification of Industrial Designs.

3. Priority and Disclosure Information: If the Industrial design has been displayed in an official exhibition or was otherwise previously disclosed to the public, the necessary documents showing date of display or disclosure shall be enclosed. If the applicant is a national of one of the countries of the Paris Union or a resident in one of them and desires to claim priority of an application which was previously filed in one of the Union countries, then the data relating to the priority application (the country, the number of application and the date of filing) and the number of the certificate and date, if any, and the classification, if any, shall be given. An approved copy of the previous application and a translation thereof shall be submitted within three months. In all cases, other international treaties to which the Kingdom is a party shall be applied. Data regarding the previous filings (country name, application number, filing date) and, if available, certificate number and date shall also be submitted.

4. Attachments: The attachments of the Form (the figures and any other attachments) and the number of their pages shall be recorded in numbers and letters. In the case of a priority claim, any relevant attachments shall be referred to.

Article (28): Conditions for Figures (Pictures or Drawings)

The application shall include drawings or photographs showing the complete parts of the industrial design, taking into consideration that the scope of protection is determined based on the figures enclosed at the time of filing the application. Therefore, the following shall be observed:

(1) Figures shall be in color, if protection of certain colors in the industrial design is desired.

(2) If there are figures or parts in the industrial design whose protection is not sought, they shall be drawn in broken lines.

(3) When more than one figure for an industrial design is submitted in one application Form No. (401-A), the scope of protection covers the common elements in these figures.

(4) Figures shall be on size A4 paper and shall measure 40 x 40 mm. as a minimum, and 252 x 165 mm. as a maximum. A page may contain more than one figure.

(5) Figures shall be clear and indicate the distinctive features of the industrial design whose protection is sought, since these figures shall be published as enclosed.

(6) Figures shall not contain any words for the purpose of description or otherwise.

 (7) Figures for each industrial design shall be numbered consecutively; for example, 1-1, 1-2, 1-3, … (industrial design number – figure number). This shall be under the figure.

(8) Pages of figures shall be numbered consecutively for each separate industrial design (Form No. (401-A)), mentioning the total number of pages; for example, 1/4, 2/4, 3/4, 4/4 … (page number / total number of pages). This shall be under the top margin in the center of the page.

(9) Figures shall be submitted in one original and two true copies which may be directly duplicated. An electronic copy shall also be enclosed.

 

Part Three

Provisions for Priority and Disclosure

Article (29):

(1) Any previous filing at a national or regional office in the countries of the Paris Union or any international agreements to which the Kingdom is a party shall be recognized as giving rise to the right of priority.

(2) Periods of priority start from the date of filing the first application. The day of filing shall not be included in the period.

(3) If the last day of the priority period is an official holiday or a day in which the Directorate is not open for receiving applications, the period shall be extended until the first following working day.

(4) The applicant claiming the privilege of priority may defer providing the Directorate with the number of the previous application and the classification code of the application for the patent or the application for the certificate of an industrial design for a grace period not exceeding three months from the date of filing the application.

(5) If an applicant claiming the privilege of priority fails to submit a certified copy of the previous application and a translation thereof within the prescribed grace period, his right of priority shall be forfeited, and this shall be recorded in the registers of the Directorate.

 

Article (30):

(1) Cases of disclosure of inventions and industrial designs which are not considered as part of prior art shall be as follows:

(a) If the disclosure occurred in the last six months preceding the

date of filing the application or the date of the priority claim due to abusive acts against the applicant or his predecessor.

(b) If the disclosure occurred as a result of displaying it in an officially recognized international exhibition in one of the countries of the Paris Union during the year preceding the filing of the application for the patent, or the six months preceding the date of filing the application for a certificate of an industrial design.

(2) If the applicant desires to have a provisional protection for an invention or an industrial design relating to products he wishes to display in any official exhibition he shall apply to the Directorate expressing his desire to display, enclosing a brief statement describing the invention or industrial design, the drawings and a statement about the products relating to it. The Directorate may require the applicant to submit any other data it deems necessary. As for products displayed outside the Kingdom, a certificate authenticated by an official authority specifying the displayed product, its data and date of display shall be provided.

(3) The periods referred to in the preceding two paragraphs shall not entail extending the period of the right of priority provided for in Article (10) of the Law.

 

 

 

Article (31):

Filing an application for a plant patent in another country or for entry in a catalogue of varieties admitted to trade in that country is deemed to render the variety being the subject of the application a matter of common knowledge as from the date of application, provided that the application leads to the grant of a plant patent or the entry in the catalogue. The variety is also deemed a matter of common knowledge if it is currently exploited, registered in a register of varieties kept by a recognized professional association or included in a reference collection.

Part Four

Provisions for Amending and Withdrawing

Protection Applications

Article (32):

(1) Amendments or additions to the application for protection, made by the application his own or at the Directorate’s request, may not exceed what was disclosed in the application at the time of filing, provided that the prescribed fees are paid.

(2) Amendments to any figure included in an application for a certificate of an industrial design entails that the date of amendment be deemed the date of filing.

(3) The applicant for a patent may cancel or add any claim, provided that this does not lead to any change in the unity of the invention.

(4) An applicant for protection may, free of charge, correct writing or calculation mistakes in the application and he may request the introduction of changes to the data given in the application.

(5) An applicant for protection may withdraw his application as long as it has not been finally decided upon. The request for withdrawal shall be final and unconditional. If the application for protection is submitted by several persons, a request for withdrawal may not be accepted unless signed by them all.

 

Article (33):

If an applicant for a patent divides his application to several divisional applications, either on his own or in response to a request by the Directorate, as result of the substantive examination which shows that the application includes more than one invention, he shall specify the invention included in the original application. He may also file the other inventions which are separated as independent applications governed by the provisions for a new application. They shall keep the original application filing date and enjoy the right of priority, if any.

 

Part Five

Provisions for Formal and Substantive Examination

 

Article (34):

Registered applications shall be examined to ensure that they satisfy the formal conditions provided for in Article 8 of the Law and the articles of Part Two of these Regulations for each subject of protection. If it is found from the formal examination that some of the prescribed conditions are not satisfied, the applicant shall be requested to satisfy them within a period not exceeding ninety days from the date of notifying him thereof. If he fails to perform what is requested from him within the said period, his application shall be deemed null and void.

 

Article (35):

(1) If it is found from the formal examination of the application for a patent or a plant patent that the application satisfies formal requirements, the Directorate shall notify the applicant to pay the prescribed publication fees within a grace period of three months. If he fails to pay within the specified period, the application shall be rejected, and this shall be recorded in the Register and published in the Gazette. The application shall not be published if it is withdrawn before the end of the mentioned grace period.

(2) The Directorate shall assess the necessary expenses for the substantive examination of the application for a patent or a plant patent. The assessments shall be in accordance with the actual cost of examination, and the applicant shall be required to pay it within three months from the date of his notification thereof. If he fails to pay, the application shall be forfeited, and this shall be recorded in the Register and published in the Gazette.

(3) Upon payment of the expenses assessed above, the Directorate shall perform the substantive examination of the application.

 

Article (36):

The Directorate shall perform the substantive examination of the patent application to ensure that the application satisfies the conditions provided for in Articles (4), (43), (44), (45) and (46) of the Law and the provisions stipulated in these Regulations. For that purpose, it may perform the following:

a) Study the claims, description, and drawings for the purpose of determining the essential components of the invention.

b) Classify the application in accordance with the International Patent Classification.

c) Determine the documents related to the invention by searching the data bases or any other means.

d) Identify the documents closest to the invention through comparing such documents with the invention.

e) Assess novelty through comparing the invention with the closest documents.

f) Assess the creative step through usage of the knowledge of the ordinary person in the art which is derived from related documents.

g) Assess the industrial applicability of the invention. The Directorate shall prepare the report of the substantive examination which shall include its opinion as to whether the application satisfies the conditions provided for and the required explanations and amendments.

 

Article (37):

The Directorate shall perform the substantive examination of application for a plant patent to ensure that the application satisfies the conditions provided for in Articles (4), (54) and (55) of the Law and the provisions stipulated in these Regulations. For that purpose, it may perform the following:

(a)  Ensure that the variety is of the specified botanical taxon. If it is not, the applicant shall be notified and given a grace period of thirty days for amendment; otherwise, the application shall be rejected.

 (b)  Ensure that the variety is new.

 (c Perform a technical test of the variety to ensure that the variety is distinct, uniform and stable, in accordance with the following:

(1) Applications for which no filings were previously made outside the Kingdom shall be tested by the Directorate or by any national or foreign institution specified by the Directorate, in accordance with” UPOV1 Guidelines for the Conduct of Tests for Distinctness, Uniformity and Stability”. As for unlisted varieties, they shall be tested according to available resources.

 (2) As for Applications for which filings were previously made outside the Kingdom and were or would be tested abroad, the Directorate may benefit from the results of the test and adopt them if the test was performed in environmental conditions compatible with the environmental conditions of the Kingdom.

1 UPOV: The international Union for the Protection of New Varieties of Plants. The Directorate shall prepare the report of substantive examination which includes its opinion as to whether the application satisfies the conditions provided for and the required clarifications and amendments.

 

Article (38):

1. The technical test of the plant variety shall be performed in the nearest suitable time for germination.

2. The applicant shall provide the Directorate or the body it designates with the information and test materials before the date of germination in sufficient time. The Directorate shall determine the specifications of the samples for the purpose of performing the test in accordance with the instructions relating to each plant variety.

3. The material provided by the applicant for the purpose of the test shall not have been subjected to any special treatment, unless specifically required by the Directorate.

4. For the purposes of applying the provisions of Article (58-D) of the Law, the Directorate may take samples of the plant variety from the local market.

 

Article (39): Provisions for Denominating the Variety

(1) The denomination mentioned in the application for a plant patent shall be published if it meets the prescribed conditions. Anyone with interest may object to the denomination within three months from the date of publication.

(2) If the denomination does not satisfy the conditions provided for, the applicant shall be notified thereof and given three months to provide an alternative denomination. If he fails to do so, or the alternative denomination turns out not to be in accordance with the prescribed conditions, the application shall be rejected. In case of acceptance, the denomination shall be registered, the previous denomination shall be cancelled, and this shall be published.

(3) The applicant shall change the denomination provided by him within three months, if it is proven to infringe upon a trademark or otherwise.

(4) If a denomination for the variety is used, proposed or registered in the Kingdom or any other country, then such denomination shall be used in all procedures relating to the Directorate, unless such denomination is rejected.

(5) Any person who offers for sale the propagation material of a protected variety, sells or markets it by any other means shall undertake to use the denomination of that variety. This obligation remains even if the right in the plant patent is lost. A trademark, a trade name or any similar data may be combined with the registered denomination of the protected variety when marketing or displaying it, if easily identifiable.

 

Article (40): Rejection and Cancellation of a Denomination

(a) Registration of the denomination of the plant variety shall be rejected if:

 (1) It does not comply with the provisions of Paragraph (1) of Article (21) of these Regulations.

 (2) It is not suitable for identifying the variety, especially due to lack of

distinctness or it is not linguistically suitable.

 (3) It is inconsistent with Islamic Shari’ah.

(4) It consists solely of marks and data that may be used in the sector of varieties and seeds to determine the species, quality, quantity, purpose, value, geographical origin or period of production.

 (5) It is misleading, or it causes confusion as to the characteristics of the variety, its value, geographic origin or as to links between the variety and individuals, especially the plant breeder or the applicant.

 (6) It is identical or similar, in a confusing way, to a suggested denomination in the Kingdom or any other country, for a previous variety of the same species or of a species strongly related to it, unless exploitation of the previous variety has ceased.

(b)  The denomination shall be cancelled if it violates any provision of the Law or these Regulations. The Directorate shall notify the applicant or the holder of the plant patent of the cancellation decision, and he shall be required to propose a new denomination. Procedures provided for in Article 39 shall be applied.

 

Article (41):

(1)  The Directorate may, in the course of performing the substantive examination of the applications submitted to it, make use of search reports, substantive examination reports and protection documents issued by patent offices.

(2) The Committee may request the Directorate to expedite the examination of an application for a protection document at the request of the applicant that there is an infringement or imminent infringement of the subject matter of protection. The applicant shall provide the Committee with whatever supports his request to expedite the examination and whatever the Committee requires from him to prove that his claim is genuine. Article (42):

(1) The Directorate shall notify the applicant of the result of the substantive examination, including the report of the first substantive examination. The applicant shall submit to the Directorate amendments to the application that are in line with the report. If he disagrees with any item in the report, he shall give justification.

(2) If the Directorate is satisfied with the amendments or the justifications submitted by the applicant it shall proceed to complete the grant procedures. If the Directorate finds out the contrary, it shall notify the applicant of the report of the second substantive examination, and the applicant shall submit to the Directorate amendments to the application that are in line with this report.  Therefore, if he disagrees with anything mentioned therein, he shall give justification.

(3) If the Directorate is satisfied with the amendments or the justifications given by the applicant, it shall proceed to complete the grant procedures, but if it finds out the contrary, it shall issue a decision rejecting the application.

 (4) The applicant shall respond to the notices addressed to him by the Directorate within three months from their date. This period may be extended for one month, if necessary, by a reasoned application submitted prior to the expiration of the grace period. In the absence of a response within the specified period, the application shall be rejected.

 Article (43): The Directorate may seek to confirm the industrial design as new and in no violation of provisions of Article (4) of the Law, and that it does not include trademarks belonging to others, banners or official insignias, based on information provided by the applicant.

 

 

 

 

 

 

 Part Six

Grant, Rejection and Invalidation Provisions

 

Article (44):

(1) Upon ascertaining that the application for protection has satisfied the prescribed conditions, the Directorate shall notify the applicant thereof and require him to pay the grant and publication fees within a period of three months. Upon payment, the Directorate shall issue the protection document and publish that in Gazette. If he does not pay within the specified period, the application shall be rejected.

(2) If it appears to the Directorate that the application for the protection document does not satisfy the prescribed conditions, it shall issue a reasoned decision rejecting the application and this shall be notified to the applicant and published in the Gazette.

Article (45): (a) The first page of the patent document shall contain at least the following information:

1 – Name of the Inventor

2 – Name of the Patent Owner

3 – Address of the Patent Owner

4 – Name of the Agent

5 – Application Number

6 – Filing Date

7 – Patent Number

8 – Grant Date

9 – Priority Information (application number – priority date – priority country)

10 – Publication Number and Date

11 – International Patent

Classification (IPC)

12 – Cited Documents

13 – Title of Invention

14– Abstract

15 – Examiner’s Name

 (b) The first page of the layout design certificate shall contain at least the following information:

  1 – Name of the Design Creator

  2 – Name of the Certificate Owner

  3 – Address of the Certificate Owner

  4 – Name of the Agent

  5 – Application Number

  6 – Filing Date

  7 – Certificate Number

  8 – Grant Date

  9– Date and Place of First Commercial Exploitation

 10– Title of Design

 11 – Brief Description

 12 –Design Drawings

 c) The first page of the plant patent document shall contain at least the following information:

 1 – Name of Plant Breeder

 2 – Name of Plant Patent Owner

 3 – Address of Plant Patent Owner

 4 –Name of Agent

 5 –Application Number

 6 – Filing Date

 7 – Plant Patent Number

 8 – Grant Date

 9 – Priority Information (application number – priority date – priority country)

 10 – Generic Name and Species

 11 – Common or Commercial Name

 12 –Abstract

 

 (d) The first page of the industrial design certificate shall contain at least the

following information:

 1 – Name of Designer

 2 – Name of Certificate

 3 – Address of Certificate

 4 – Name of Agent

 5 –Application Number

 6 –Filing Date

 7 –Certificate Number

 8 –Grant Date Owner

 9 – Priority Information (application Owner number – priority date – priority country)

10 – Number of Designs

11 – Technical Information

Article (46): Bases for invalidating a protection document fully or partially are as follows:

1. For patents, violation of the provisions of Articles (4), (43), (44) and (45) of the Law.

2. For certificates of layout designs, violation of the provisions of Articles (2), (4), (49) and (50) of the Law.

3. For plant patents, violation of the provisions of Articles (4), (54) and (55) of the Law.

4. For industrial design certificates, violation of the provisions of Articles (2), (4) and (59) of the Law and Article (43) of this Implementing Regulations. The Directorate shall be notified by the Committee of any final decision relating to invalidation of any of the protection documents immediately upon issuance, and it shall register and publish it.

 

 

 

Part Seven

Provisions for Infringement and Exploitation

 

Article (47):

The following acts shall not be deemed infringement of a patent:

1. The use of the means forming the subject of patent the patent aboard ships of other countries of the Paris Union, whether in the body of the ship or its machines or equipment or in any accessories of it when such a ship temporarily or accidentally enters the Kingdom's territorial waters, provided that the use of all these means is limited to the needs of the ship.

2. The use of equipment forming the subject of the patent in the construction or operation of air or land vehicles or their accessories belonging to another country of the Paris Union, when such vehicles enter the Kingdom temporarily or accidentally.

Article (48): An application for a compulsory license submitted by any government agency to exploit the inventions shall include a statement of the public interest considerations requiring that. Such considerations shall be provided for in the decision granting such license.

 

 

 

 

 

 

Part Eight

National Security Related Applications

 

Article (49):

Procedures for national security related applications shall be as follows:

1. Each government employee, military or civilian, who achieved a subject matter of protection related to national security within the scope of his duties, undertakes to assign it and all resulting benefits to the competent authority in the government upon its approval.

2. Also, any person, other than the above mentioned, who achieved a subject matter of protection related to national security, undertakes to assign it and all resulting benefits to the competent authority in the government upon its approval. This authority shall pay the person a fair compensation.

3. Each person who assigns to the competent authority in the government in accordance with the above two paragraphs and all others who are aware of the assignment undertake to keep the subject matter of protection and the assignment shall be kept confidential and shall not disclose the same except to authorized persons.

4. The competent authority in the government, after obtaining the necessary assignment, may apply to the President of the City for a protection document and enclose with the application a request to keep the application confidential. The City shall follow all usual procedures in connection with the application and undertake not to publish information about it.

5. The application, specification, drawings, amendments, protection document and any copy thereof shall be kept in a sealed and stamped file, and it shall be at the disposal of the competent authority in the government throughout the term of the protection. It may be opened only by the competent authority in the government or by its order.

6. Contents of the sealed file may not be made available for publication or review by others under any circumstances.

7. The sealed, stamped file shall be delivered at any time during the term of protection to any person to whom the competent authority in the government requests delivery, and it shall be resealed and stamped again immediately upon its return.

8. The sealed, stamped file shall be sent to the competent authority in the government after the expiration of the protection period.

9. An application to revoke a decision granting the protection document in accordance with this Article may not be accepted except with the approval of the competent authority in the government.

10. Initiation of an action for infringement in connection with these protection documents may not be permitted.

 11. Communications with the competent authority in the government in connection with a subject matter of protection related to national security for the purpose of examination and study of the subject matter and actions taken by it for studying and examining shall not be considered disclosure or use. Such actions shall not be deemed to affect the entitlement to the protection document.

12.The President of the City may order that an application be dealt with as if licensed to the competent authority in the government if he finds that it is in relation to national security and has not been assigned to the competent authority in the government.

 

Part Nine

Provisions Related to the Committee

 

Article (50):

Communications with the Committee shall be addressed directly to its chairman at the address it determines.

 

Article (51):

Actions shall be filed with the Committee through a petition of one original and a number of copies equal to the number of the litigants involved, and it shall be delivered to the Secretariat of the Committee provided that it includes the following data:

1. Full name of the plaintiff, his profession or position, place of residence, number, date and place of issue of his identification document, his address including the post office box, telephone and fax numbers, the trade name and any other means through which he may be contacted and the same for his representative, if any.

2. Full name of the defendant, his profession or position, place of residence and his address, including post office box, telephone and fax numbers, the trade name and any other means through which he may be contacted.

3. Statement of the subject matter of the action.

4. Statement of data and supporting evidence.

 

 

Article (52):

The notice shall be delivered to the address of the defendant specified in the plaintiff's petition. The notice shall be in two identical copies, one original and one copy. If there are several defendants, the copies shall be equal to their number. The notice shall contain the following:

1. Subject and date of the notice.

2. Full name of the plaintiff, his profession or position, place of residence, and the full name of his representative, his profession or position and place of

residence.

3. Full name of the person to whom the notice is addressed, his profession or

position and place of residence.

 

Article (53):

 Litigants shall be notified of the actions filed with the Committee as follows:

1. A copy of the notice shall be delivered to the person to whom it is addressed at his place of residence or work, if any; otherwise, it shall be delivered to the person found at his place of residence who shares it with him. If none of them is available or the person found refused to accept delivery, then it shall be delivered to the Umdah of the district or to the police station, as the case may be.

2. As for government authorities, it shall be delivered to the heads or deputies of said authorities.

3. As for commercial companies and private establishments, the notices shall be delivered to one of the joint partners, the chairman of the board or their representative or to the owner of the private establishment or his representative.

4. As for foreign companies which have a branch or an agent in the Kingdom, notices shall be delivered to the manager of the branch or the agent.

5. As to those residing outside the Kingdom, they shall be notified through the Ministry of Foreign Affairs. In this case, it is sufficient to receive a reply proving delivery of the notice.

6. As for military personnel and employees of military authorities, notices shall be delivered through their competent persons in charge.

7. As for prisoners, notices shall be delivered to prison warden. The notice shall be legal if it is delivered to the person to whom it is addressed even if in a place other than his place of residence or work. In all cases the notice may be delivered by registered mail, and such notification shall be legally effective.

Article (54):

 The Committee shall notify the Directorate of all rulings and decisions issued regarding actions relating to protection documents.

 

Article (55):

The Committee may immediately order, upon filing the petition, the taking of precautionary and provisional measures against the defendant, provided that the plaintiff furnishes the guarantees determined by the Committee to protect the defendant’s right if the action is not proven.

Article (56): If the Committee decides to seek the assistance of expertise agencies, it may order any of the litigants it thinks liable to deposit, within a certain period, a sum equal to the estimated expenses of the expertise by a check certified by an approved bank in the Kingdom. If he fails to deposit the sum within the time specified by the Committee, the other litigant may deposit this sum without prejudice to his right of recourse against his opponent if the case is decided in his favor.

Part Ten: Closing Provisions

 

Article (57):

The President of the City shall issue the necessary amendments to these Regulations.