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).
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.).