COUNTRY : SULTNATE OF OMAN
CAPITAL : MUSCAT
LANGUAGE : ARABIC
It is to be noted that patents granted by the G.C.C. office shall be valid in all G.C.C. member states - Bahrain, Kuwait, Oman Qatar, Saudi Arabia & United Arab Emirates and shall need no further processing by individual G.C.C. member states. Dual protection by way of patents by National Patent Office and G.C.C. office for the same invention will not be allowed. Therefore, undertaking has to be furnished stating that national patents granted will be abandoned once patents are granted by G.C.C office.
• Agreement on Trade Related Aspects of Intellectual Property Rights –TRIPS.
• Gulf Co-operation Council – G.C.C.
It is to be noted that patents granted by the G.C.C. office shall be valid in all G.C.C. member states and shall need no further processing any any individual G.C.C. state. Dual protection by way of national and G.C.C. patents for the same invention will not be allowed. Therefore, undertaking has to be furnished stating that national patents granted will be abandoned, once the G.C.C. patent office grants patents.
Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:
• Are New or Novel
• Involve an inventive step
• Comprise of a process or an Industrial application of the invention.
For an Invention to be patentable, it should contain the following:
(i). Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of filing for the patent application nationally or internationally by means of its description, use or any other method by which it may be known or utilised by experts in the field.
(ii). Inventive Step: is, given the prevailing state of the art, it is not obvious to an expert in that field. An invention is considered ‘obvious’ when it is within the grasp of a skilled person in that field of expertise & therefore to be expected from him.
(iii). Industrial Application: of the invention would be ‘when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture.
Inventions pertaining to the following:
• Discoveries, Scientific Theories & Mathematical methods.
• Aesthetic creations.
• Substances already existing in nature and nuclear materials.
• Schemes, Rules, Methods for performing mental acts, playing games, doing business as well as Presentation of Information.
• Programmes for Computers.
• Inventions contrary to public order & morals.
• Methods of treatment by surgery or therapy on humans and animals.
• Prejudicial to the Interests or Security of the Nation.
(i). Name & Address of the applicant.
(ii). Name & Address of the Inventor.
(iii). Specification comprising a description claims & drawings if any.
(iv). Priority Data if any.
(v). Abstract of the Invention.
(vi). Indications serving to identify the identity of the inventor(s) as well as the Solicitor.
(vii). Evidence of payment of application fee.
EXAMINATION OF THE PATENT APPLICATION IN OMAN - GCC:
• Once the patent application is filed, the application is scrutinised for defence & atomic energy aspects, along with formal &material aspects.
Patentee may grant compulsory licenses to third parties to exploit the invention or a layout design of a integrated circuit, upon an application submitted, according to the following:
(1) The application shall be submitted after the lapse of 4 years from the date of filing the patent application or 3 years from the date of granting the patent, whichever expires later, without the patentee exploiting the invention or with such owner having exploited it in an inadequate fashion, unless the applicant justifies that with a legitimate excuse.
(2) The applicant for the compulsory license must prove that the applicant has exerted over a reasonable period of time, considerable 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 is to meet public interest - especially security, health, nutrition or the development of other vital sectors of the national economy - or to meet a state of emergency or other very compelling circumstances, or where the aim thereof is public non-commercial purposes.
In this case, and upon knowledge of the existence of a patent or a certificate of layout design, the patentee shall be promptly informed.
(3) Compulsory licenses are basically granted to make the invention available to local markets. But this provision does not apply where the patentee is found to be indulging in acts of unlawful competition.
(4) Decision granting compulsory licenses 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.
(5) Compulsory License shall not be exclusive.
(6) Each application shall be independently decided.
(7) If the compulsory license is related to a patent of semiconductor technology, purpose of such a license shall be for public non-commercial purposes only or to control acts concerning which a decision or judgment is issued declaring them to be acts of unlawful competition.
(8) If the patent involves a significant technological advance with a considerable economic value, which requires exploitation of another patent, compulsory license shall be granted 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.