The Kingdom of Saudi Arabia is a member of Paris Convention for the Protection of Industrial Property. Saudi Arabia adopts the international classification of goods and services for the purposes of marks registration upon Nice Agreement provided that the trademarks covering the alcoholic products are unregistrable. Also, the marks related to the wholesale and retail sale services are unregistrable. A separate registration application to each class of goods and services should be filed.

Once the trademark registration application is filed, it is examined in terms of the registrability of the mark in light of the previous marks and the classes covered by the application. In case, the examiner objects to some aspects of the mark during the performance of examination and he officially rejects the registration application, an appeal against the rejection decision is filed with the Grievance Committee within 60 days from the notification date of rejection decision. Appeal against the Grievance Committee decision can be filed to the commercial courts.

The protection period of trademark or service mark is 10 Hijra years as of the filing date of the registration application (this period equals 9 years and 8 months in Gregorian calendar). The registration can be renewed for similar periods. Under the provisions of Trademarks Law, a period of grace at a rate of 6 Hijra months from the date of protection termination may be granted with imposing a delay penalty under filing a renewal application during the last year of protection period. A new trademark registration application can be filed for re-registration of the cancelled trademark or service mark.

The use of trademark is not a condition for the registration application in Saudi Arabia or for maintaining the registration. But the trademark is subject to cancellation by any interested party who proves to the court the non-use of mark for a continuous period of 5 years unless the mark owner submits an acceptable excuse for its non-use of the mark.

The unauthorized use of trademark registered under law, imitation and placing of the mark on goods or its use as to services in the same class, sale of goods carrying a forged mark or their possession for sale or offering them for sale, and use of a mark originally by another person with the aim of unauthorized promotion of goods or services in the same class, are crimes punishable by law.

• Requirements of Trademark Registration:

1 – Official proxy duly issued by the applicant and legalized by the Saudi Consulate.

2 – Description of goods and services with limitation of their classes.

3 – A sample of logo or image of the mark provided in an electronic copy at a size of 200 – 400 pixels in JPG.

4 – Priority documents, if any.

• Requirements of Trademark Registration Renewal:

1 – Official proxy duly issued by the applicant and legalized by the Saudi Consulate.

2 – Original or a copy of the trademark registration certificate.

• Requirements of Trademark Assignment:

1 – Official proxy duly issued by both parties and legalized by the Saudi Consulate.

2 – Legal agreement of ownership transfer.

3 – Original trademark registration certificate.

• Requirements of Merger/Licence:

1 – Official proxy duly issued by the applicant and legalized by the Saudi Consulate.

2 – A certified merger certificate or a certified licence agreement.

3 – Original trademark registration certificate.

• Requirements of Change of Name or Address:

1 – Official proxy duly issued by the applicant and legalized by the Saudi Consulate.

2 – A certified certificate of change of name or address.

3 – Original or a copy of the trademark registration certificate.

4 – Changes or amendments to be added.

• Requirements of Application to Cut Out Goods:

1 – Official proxy duly issued by the applicant and legalized by the Saudi Consulate.

2 – Original of trademark registration certificate.

• Requirements of Trademark Cancellation:

1 – Official proxy duly issued by the applicant and legalized by the Saudi Consulate.

2 – Original of trademark registration certificate.

• Requirements of Trademark Search:

Information related to the required mark such as (class, logo or image).

The patents in the Kingdom of Saudi Arabia are governed by the provisions of Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties and Industrial Models No. M/27dated 29.05.1425H corresponding to 17.07.2004G.

The above law securing the protection of patents, layout designs of integrated circuits, plant varieties and industrial models was published in the Official Gazette – Issue No. 4004 dated 06.08.2004G and entered into effect on 06.09.2004G.

The Executive Regulations of the said law were issued by the Administrative Decree issued on 26 September 2004 and entered into effect on the same date.

The Kingdom of Saudi Arabia is a member state of Patent Cooperation Treaty and it entered into the national phase of such treaty.

What is the patent?

• It is an exclusive protection document granted to whoever came up with an invention.

What are the requirements for obtaining a patent?

• The invention must be novel, involves an inventive step and capable of industrial application.

How long does patent protection last?

• Patent protection period is 20 years from the filing date of the application.

What are the subjects that are not 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 organic – used for the production of plants or animals, with the exception of micro-organisms, non-organic 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.

This also includes computer software and other works that fall within the literary works.

Documents needed for a patent registration application in Saudi Arabia:

1 – Specifications in (Arabic & English) in Word File.

2 – Claims (Arabic & English) in Word File.

3 – Abstract (Arabic & English) in Word File.

4 – Illustrations (Arabic & English) in JPG.

5 – Particulars (name and address of applicant and inventors, information of priority right, if any; date and number).

6 – Official proxy duly issued by the applicant and legalized by the Saudi Consulate.

7 – Ownership transfer document (if the applicant is not the inventor) duly issued and legalized by the Saudi Consulate.

8 – Priority document (if the applicant claims so).

Filing of a patent application under PCT in Saudi Arabia:

What is the Patent Cooperation Treaty (PCT)?

• It is an international treaty concluded in 1970 in Washington and it entered into effect in 1974. It is considered as one of the important treaties for the international patent system where it provides an international system that facilitates the procedures of filing the patent applications. It is run by World Intellectual Property Organization (WIPO) and the number of its members is 153 states. The application filed through the PCT goes through the following phases: filing, international search, international publication, additional international search (additional), international preliminary search (optional) and the national phase.

So, it is a system for filing the patent applications and it does not give “international patent” where the methods of patent protection are either to file an application with the national office where the protection is granted within the borders of the concerned state or to file an application with one of the regional offices where the protection is granted at the level of the region (more than one state such as the European Patent Office).

• Requirements of Filing:

1 – Copy of publication under PCT.

2 – Copy of search report.

3 – Copy of preliminary examination report.

4 – Specifications in (Arabic & English) in Word File.

5 – Claims (Arabic & English) in Word File.

6 – Abstract (Arabic & English) in Word File.

7 – Illustrations (Arabic & English) in JPG.

8 – Particulars (applicant’s name and address, inventors, information of priority right; date and number).

9 – Official proxy duly issued by the applicant and legalized by the Saudi Consulate.

10 – Ownership transfer licence agreement from the inventor (in case the applicant is not the inventor) duly issued and legalized by the Saudi Consulate.

11 – Priority documents, if any (if the applicant claims so.).

• What is the industrial model?

– 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 just for a functional or technical purpose including the textile designs. The industrial model is protected through a protection document called “Industrial Model Registration Certificate”.

• What are the requirements of obtaining the industrial model registration certificate?

– The industrial model registration certificate shall be granted if the model is novel and it has features that distinguish it from the known industrial models.

– The protection period of the industrial model is 10 years from the filing date.

• Requirements of industrial model registration

1 – Official proxy duly issued by the applicant and legalized by the Saudi Consulate.

2 – Legal documents of ownership transfer.

3 – Priority documents.

4 – Description of the industrial model.

5 – Illustrations (Arabic & English) in JPG.

6 – Particulars (applicant’s name and address, inventors, information of priority right; date and number).

What is the copyright?

• It is a set of immaterial and material rights affirmed to the person on his work.

What are the neighboring rights?

• They are a set of rights granted to some persons or corporations that help to make the works available to the public.

What are the works excluded from protection?

• Laws and judicial judgments, decrees of boards, international agreements, all the official documents and their official translations where the provisions related to the circulation of such documents should be taken into account.
• Ideas, procedures, working techniques, concepts of mathematical sciences, principles, abstract facts, magazines, and periodical bulletins and radio of daily news or news accidents.

Optional registration of copyright works:

• Conditions of registration application:

The registration application should meet the following conditions:

1 – The work or any of its contents should not violate the rulings of Islamic Sharia or any laws of the Kingdom or public order.

2 – Completion of statements and attachments needed for registration.

3 – The registration applications should be limited to one work and the nature of works should be considered.

4 – The work should not be from the works excluded from the protection in the law.

5 – The work should be in its final shape not a draft or a preparatory work.

6 – Payment of financial charges prescribed as per the provisions of the Executive Regulations.

7 – Any controls, conditions or additional requirements issued by a decision from the Executive President of the Authority.

• Works available for registration at present:

The Authority permits the optional registration of the following works:

1 – Architectural works.

2 – Computer software and applications.