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SAUDI ARABIA |
Patents |
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Saudi Arabia is a member to
the
Paris Convention,
and the
GCC Unified Patent Law. |
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Definition
A patent is the exclusive right to make, use, or sell a new invention resulting
from an inventive idea or improvement of an invention.
Novelty
of the invention should be based on scientific principles and be industrially
applicable. When a patent is granted for a process, any product made directly by
such a process is also protected. |
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Applicant
Natural person or persons being the
inventor/s, or their assignee being other
natural person/s or corporate. A body
corporate can not be named as the inventor.
Naming the inventor is compulsory. |
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Priority
Priority could be claimed on the basis of
the earliest corresponding application filed
within 12 months in a country member of the
Paris Convention. When priority is claimed,
the power of attorney and priority documents
could be filed within 3 months from the
filing date. |
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Examination
Upon filing, the application is examined as
to its form. If certain conditions
prescribed under the regulations are not
fulfilled, the applicant will be notified
and should complete the application in
ninety days. Once completed, the application
is submitted for substantial examination. |
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If the Examiner partially rejects the
application, the applicant may amend the
specification of the invention, the claims,
and/or the drawings; provided that the
amendments do not affect the identity of the
invention as filed. However, if new matter
is to be added, it should be subject to a
patent of addition. |
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In case of complete rejection, the applicant may
appeal to the Patent Committee within 90
days from receiving the notification. The
Committee’s decision may be appealed to the
Court who may either up-hold, quash, or
amend the examiner’s decision. |
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Once accepted, the Acceptance Notice is
published in the Patent Journal. Any interested party may oppose to the
Committee within 90 days as from the
publication in the Journal, whose decision
could be appealed to the Court who may
accept or reject the opposition. In the
absence of any opposition, the patent is
granted and the Letters Patent will be due
for issuance. |
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Duration
A
patent is valid for fifteen years as
from the filing date, renewable for a period
of not more than five years. Patents granted
for process inventions relating to drugs,
etc., shall be granted for a non-renewable
period of ten years. Annuity fees are to be paid within the last month of each
year during the protection period, starting from the year subsequent to the
filing date. A grace period of 90 days is allowed for late annuity payment, with
a fine. |
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Working of patents
The patentee or the licensee has to exploit the invention covered by the
patent on a full industrial scale within the period of four years as from the
filing date or three years as from the granting date of the patent. The
corresponding periods for a utility model is three years as from the filing date
and two years as from the grant of the utility model. Importation of a product
made under the patent is not considered as exploitation. |
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In case the patentee or the licensee does
not comply with the exploitation periods, or
working is stopped for two consecutive
years, any interested party may apply for
cancellation of the patent or for the grant
of a Compulsory License. |
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Assignment
Assignment of a patent or a share in a patent, mortgage, license or creation of
any other interest in a patent should be recorded within six months with the
Patent Office by submitting a legalized copy of the Assignment Agreement. It
should be published in the Official Gazette. |
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Infringement
The patentee has the right to exploit his
invention himself or by those he authorized
them for that purpose. He is also entitled
to prevent others from manufacturing,
importing, selling, and offering for sale of
a product made under his patent, without his
consent. He may file a criminal case to the
competent authority, and a civil case to the
Civil Court for establishment of the
infringement fact, suspension of the
infringement act, destruction of the
infringed goods, and compensation for
damages and losses. |
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Whoever imitates an invention, method of
manufacture, element of know-how, or any
right protected under the Law, shall be
penalized by imprisonment and/or a fine. |
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1- |
A
power of attorney
legalized to the Saudi Consulate in
the applicant's country; |
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If the applicant is a corporate, a certified copy of the Certificate of Incorporation or
the extract from the
Commercial Register, legalized to the Saudi Consulate in the applicant's
country; |
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If the applicant is
not the inventor, a
Deed of Assignment
executed by the inventor/s, assigning
his/their rights to the applicant, legalized
to the Saudi Consulate in the applicant's country; |
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4- |
Two copies of the specification and claims
in Arabic and English, prepared in the
following order; |
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a. Title of the invention;
b. Field of the invention;
c. Prior Art or Background of the invention;
d. Disclosure of the invention;
e. Brief description of the drawings;
f. Full description of the invention
(detailing the methods to execute the invention, its industrial
application,
preferably with examples, statistics, etc.);
g. Claims;
h. Drawings, if any;
i. Abstract of the invention. |
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5- |
Certified copy of priority document showing the filing date,
filing number and
country of application, if priority to be claimed. The document should be
legalized to the Saudi Consulate in the
applicant's country. |
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Documents in
1, 2, 3 and
5 could be filed belatedly within 90 days,
if priority is claimed |
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Documents other than in English or Arabic should be
accompanied with their English translation |
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Applicant is an Individual |
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Search |
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Official fees |
ST&P |
Total (US$) |
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1- |
Search for a patent: |
27.-- |
273.-- |
300.-- |
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Patent/Industrial Design |
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Official fees |
ST&P |
Total (US$) |
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1- |
Filing
a patent excluding first annuity: |
110.-- |
590.-- |
700.-- |
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2- |
Publication
and granting charges: |
135.-- |
315.-- |
450.-- |
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3- |
Proceeding
with examination (Official fees are
estimated on |
0 |
0 |
0 |
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case by case basis) - minimum: |
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400.-- |
400.-- |
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0 |
0 |
Total |
1,550.-- |
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4- |
Granting
compulsory license against a patent: |
1,070.-- |
730.-- |
1,800.-- |
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5- |
Claiming priority: |
0.-- |
50.-- |
50.-- |
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Annuities |
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Official fees |
ST&P |
Total (US$) |
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1- |
Annuity
for the 1st year: |
100.-- |
70.-- |
170.-- |
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2- |
Annuity
for the 2nd year: |
165.-- |
85.-- |
250.-- |
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3- |
Annuity for the 3rd year: |
230.-- |
100.-- |
330.-- |
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4- |
Annuity
for the 4th year: |
295.-- |
115.-- |
410.-- |
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5- |
Annuity
for the 5th year: |
360.-- |
130.-- |
490.-- |
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6- |
Annuity
for the 6th year: |
425.-- |
145.-- |
570.-- |
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7- |
Annuity
for the 7th year: |
490.-- |
160.-- |
650.-- |
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8- |
Annuity
for the 8th year: |
555.-- |
175.-- |
730.-- |
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9- |
Annuity
for the 9th year: |
620.-- |
190.-- |
810.-- |
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10- |
Annuity
for the 10th year: |
685.-- |
205.-- |
890.-- |
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11- |
Annuity
for the 11th year: |
750.-- |
220.-- |
970.-- |
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12- |
Annuity
for the 12th year: |
815.-- |
235.-- |
1,050.-- |
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13- |
Annuity
for the 13th year: |
880.-- |
250.-- |
1,130.-- |
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14- |
Annuity
for the 14th year: |
945.-- |
265.-- |
1,210.-- |
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15- |
Annuity
for the 15th year: |
1,010.-- |
280.-- |
1,290.-- |
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16- |
Renewal
for further 5 years including annuity
for the 16th year: |
1.075.-- |
495.-- |
1,570.-- |
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17- |
Annuity
for the 17th year: |
1,140.-- |
310.-- |
1,450.-- |
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18- |
Annuity
for the 18th year: |
1,205.-- |
325.-- |
1,530.-- |
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19- |
Annuity
for the 19th year: |
1,270.-- |
340.-- |
1,610.-- |
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20- |
Annuity
for the 20th year: |
1,335.-- |
355.-- |
1,690.-- |
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Other Services |
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Official fees |
ST&P |
Total (US$) |
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1- |
Recording
an assignment of a patent, excl.
publication: |
110.-- |
270.-- |
380.-- |
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2- |
Recording
a license agreement of a patent, excl.
publication: |
110.-- |
270.-- |
380.-- |
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3- |
Recording
a change of owner's name, excl. publication: |
55.-- |
265.-- |
320.-- |
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4- |
Recording a change of owner's address,
excl.
publication: |
55.-- |
265.-- |
320.-- |
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5- |
Cancellation of a patent, excl. publication: |
55.-- |
265.-- |
320.-- |
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6- |
Publication
charges: |
135.-- |
315.-- |
450.-- |
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Disbursements |
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Official fees |
ST&P |
Total (US$) |
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1- |
Replying
to an Official action: |
0.-- |
200.-- |
200.-- |
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2- |
Amendment
or correction of an application: |
28.-- |
272.-- |
300.-- |
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3- |
Appeal
against an Official rejection incl. 2
hearing sessions: |
0.-- |
1,000.-- |
1,000.-- |
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4- |
Responding to an opposition incl. 2 hearing
sessions: |
0.-- |
1,000.-- |
1,000.-- |
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5- |
Filing
an opposition against a patent incl. 2
hearing sessions: |
0.-- |
1,500.-- |
1,500.-- |
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6- |
Attending
additional hearing sessions (each session): |
0.-- |
250.-- |
250.-- |
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7- |
Late
filing of documents: |
0.-- |
250.-- |
250.-- |
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8- |
Fine
for late payment of annuity (within the
grace period): |
220.-- |
230.-- |
450.-- |
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9- |
Recording
change of agent's representation: |
0.-- |
50.-- |
50.-- |
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10- |
Obtaining
a certified copy of a patent from the
Register: |
28.-- |
172.-- |
200.-- |
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11- |
Translation
of documents (per Arabic page): |
0.-- |
35.-- |
35.-- |
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12- |
Translation
of specification and claims (per Arabic
page): |
0.-- |
25.-- |
25.-- |
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13- |
Changing
numerals on drawing sheets (per sheet): |
0.-- |
15.-- |
15.-- |
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14- |
Re-typing
translated texts according to local
requirement: |
0.-- |
15.-- |
15.-- |
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15- |
Photocopying
of each 5 pages after the
first 50: |
0.-- |
2.-- |
2.-- |
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16- |
Local
legalization of documents: |
30.-- |
20.-- |
50.-- |
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If the applicant is an INDIVIDUAL,
please click here |
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Applicant is a Company |
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Search |
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Official fees |
ST&P |
Total (US$) |
|
1- |
Search for a patent: |
27.-- |
273.-- |
300.-- |
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Patent/Industrial Design |
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Official fees |
ST&P |
Total (US$) |
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1- |
Filing
a patent excluding first annuity: |
220.-- |
630.-- |
850.-- |
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2- |
Publication
and granting charges: |
270.-- |
480.-- |
750.-- |
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3- |
Proceeding
with examination (Official fees are
estimated on |
0 |
0 |
0 |
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case by case basis) - minimum: |
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500.-- |
500.-- |
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Total |
3,100.-- |
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