Information in English on Saudi Patent Law

Because of the massive and rapidly increasing importance of Asia to the world economy the European Patent Office offers a range of Asian patent information services some of which are chargeable and others of which are free. Among the free services are virtual helpdesks on a number of countries including Saudi Arabia.

The Saudi virtual helpdesk consists of a series of FAQs.  Visitors who fail to find a solution to their problems among the FAQs are invited to complete an enquiry form. Those who want more specific answers to an FAQ are invited to email the International Legal Affairs team at the EPO.  Before reading the FAQs it is perhaps worth reading my articles:  "Patents: Gulf Co-operation Council" 23 Jan 2011 and "Saudi Arabia: Overview of Intellectual Property Law" 22 May 2011.  It will be recalled that patents can be granted either for Saudi Arabia alone by the Saudi Patent Office which is in the King Abdulaziz City for Science and Technology or for all the Gulf Co-operation Council states including Saudi Arabia by the GCC Patent Office. The EPO helpdesk provides information on patents granted by the Saudi Patent Office.

The EPO's FAQs are quire comprehensive. Here are some of the bits of information that I learned from the FAQs:-

"Computer programs as such are not patentable, but may be protected by copyright. Computer-related inventions may be patentable in Saudi Arabia if the requirements for patentability are met."

"All non-residents wishing to apply for a patent require an authorised Saudi Arabian representative. Applicants have to file a power of attorney which has been duly notarised and legalised by the consulate of Saudi Arabia."

"It is not possible at present to file a provisional application in order to get an early filing date in Saudi Arabia."

"It is not possible to submit third-party observations."

"The Saudi Arabian Patent Law does not include any provisions on patent term extensions or supplementary protection certificates (SPCs).

"Within 90 days from publication of the decision to grant, any interested party may apply for partial or total revocation of the patent.

Invalidation is possible for a third party at any time after grant and must be raised before a separate governmental body (Appeals Committee)."

The Saudi Patent Office also publishes FAQs on intellectual property, patents, industrial designs, plant varieties and integrated circuits and statistics on patents, designs and plant varieties.

Should anybody wish to discuss this article or any other topic he or she can contact me on +44 (0)20 7404 5252 during normal business hours or send me a message through my contact form. He or she can also send me a tweet, write on my wall or contact me through G+, Linkedin or Xing.

Intellectual Property Law in Oman

Oman has an estimated population of 3.6 million in a land area of 309,501 square kilometres. It is a member of the Gulf Co-operation Council ("GCC") and the World Trade Organization ("WTO"). Formerly one of the least developed states in the Gulf, the Sultanate has made such rapid progress since 1970 in economic, political and social development that the United Nations Development Programme acclaimed Oman as the most improved country in the world (see the UNDP Human Development Report for 4 Nov 2010).

Treaties

As a member of the WTO Oman is party to TRIPS (the Agreement on Trade Related Aspects of Intellectual Property Rights) and is thereby bound by the obligations discussed in my article on "Intellectual Property Law in Kuwait". As a member of the GCC, the GCC Patent Regulation and Implementing Bylaws apply in Oman. Oman is also party to the Paris and Berne Conventions, the WIPO Copyright and Performances and Phonograms Treaties, the Patent and Trademark Law Treaties, the UPOV Convention and the Patent Co-operation Treaty, Madrid Protocol and Hague Agreement (see the WIPO Treaties Contracting Parties page for Oman).

Legislation

Oman implements its obligations under those treaties through a number of Royal Decrees made in 2000 on patents, copyrights and neighbouring rights, trade marks and unfair competition, industrial designs, geographical indications and semiconductor topographies. The Sultanate's copyright law has been supplemented by Royal Decree No. 65/2008 Promulgating the Law on Copyright and Related Rights and its law on industrial property rights by Royal Decree No 67/2008. Royal Decree No 49/2009 on the protection of plant breeders' rights has come into effect this year the text of which is available in Arabic.

Intellectual Property Office

The Ministry of Commerce and Industry is the intellectual property office for the Sultanate. The English language page of the Ministry's website suggests that it will soon be possible to file patent, utility model and trade mark applications on-line.

Dispute Resolution

Oman has enacted robust arbitration legislation which would resolve licensing, joint venture and other disputes relating to intellectual property. A press release on 16 March 2010 indicated that the Oman Chamber of Commerce and Industry planned to establish an international arbitration centre in the country. A delegation from the Bar of England and Wales visited Oman in December 2010 (see the Bar Council's press release of 3 Dec 2010).

Further Information

Oman is a country of considerable potential and one that I follow particularly closely. Anyone who wishes to discuss this article or any other issue concerning intellectual property law in the Gulf should call me on 0800 862 0055 or complete my contact form.

Saudi Arabia: Overview of Intellectual Property Law

Saudi Arabia has been party to the Berne Copyright and Paris Industrial Property Conventions since the 11 March 2004 and a member of the World Trade Organization since 11 December 2005.

Its basic intellectual property statutes are:

• the Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Designs;
• the implementing regulations on copyright; and
• the Law of Trade Marks

Unofficial translations of these statutes and other legislation are to be found on the Saudi Arabia resources page of the WIPO website.

There is no intellectual property office as such. Patents, industrial designs, chip topographies and plant varieties are registered by the The King Abdulaziz City for Science and Technology ("KACST") which is also the Saudi Arabian national science agency, national laboratory and internet authority for the .sa country code top level domain. Trade Marks are registered by a department of the Ministry of Commerce known as the Trademarks Register while copyright and related rights are the responsibility of the Ministry of Culture.

According to the statistics page of the KACST website, there were 931 patent and 493 industrial design applications in 2010 and 262 patents and 412 design registrations were granted in that year.

Further information on Saudi Arabian intellectual property law can be obtained from Jane Lambert