- BENIN – OAPI
- BURKINA FASO – OAPI
- CENTRAL AFRICAN REPUBLIC – OAPI
- CAMERON – OAPI
- CHAD – OAPI
- CONGO REPUBLIC – OAPI
- EQUATORIAL GUINEA – OAPI
- GABON – OAPI
- GUINEA – OAPI
- GUINEA BISSAU – OAPI
- IVORY COAST – OAPI
- MALI – OAPI
- MAURITANIA – OAPI
- NIGER – OAPI
- SENEGAL – OAPI
- TOGO – OAPI
- BOTSWANA – ARIPO
- ESWATINI – ARIPO
- GAMBIA – ARIPO
- GHANA – ARIPO
- LESOTHO – ARIPO
- MOZAMBIQUE – ARIPO
- MALAWI – ARIPO
- NAMIBIA – ARIPO
- RWANDA – ARIPO
- SIERRA LEONE -ARIPO
- SUDAN – ARIPO
- TANZANIA – ARIPO
- UGANDA – ARIPO
- ZAMBIA – ARIPO
- ZIMBABWE – ARIPO
- SOUTH AFRICA
COUNTRY : KUWAIT
CAPITAL : KUWAIT CITY
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.
INTERNATIONAL TREATIES TO WHICH KUWAIT IS SIGNATORY
- 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 aowed. Therefor, undertaking has to be furnished stating that the national patent will be abandoned once the G.C.C. has been granted.
BASICS REGARDING PATENTABILITY OF INVENTIONS IN KUWAIT:
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 NOT PATENTABLE IN KUWAIT:
Inventions pertaining to the following:
- Discoveries, Scientific Theories & Mathematical methods.
- Chemical discoveries, in which case the patent shall not be in respect of the products per se but of the manufacturing process.
- If during 20 years preceding the date of submission of the application for grant of a patent, the invention is found to have been already publicly used in Kuwait or advertised in publications in Kuwait or in such a manner so as to render the exploitation of the patent possible by experts.
- If during 20 years preceding the date of submission of the application, a patent regarding the invention, or a part thereof had already being granted to persons other than the inventor or his assignee.
- 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.
PartityPatents Law Firms through its associates in Kuwait is at hand to help you with patent registration and prosecution.
FILING REQUIREMENTS OF PATENTS IN KUWAIT:
- Name & Address of the applicant.
- Name & Address of the Inventor.
- Specification comprising a description claims & drawings if any.
- Priority Data if any.
- Abstract of the Invention.
- Indications serving to identify the identity of the inventor(s) as well as the Solicitor.
- Evidence of payment of application fee.
- PoA duly legalise up to Kuwait Embassy.
Documents to be duly translated into Arabic.
EXAMINATION OF THE PATENT APPLICATION IN KUWAIT:
EXAMINATION OF THE PATENT APPLICATION IN KUWAIT – GCC:
- Once the patent application is filed, the application is scrutinised for defence & atomic energy aspects, along with formal &material aspects.
- Upon receipt of the application at the national office Kuwait, the patent application is formally examined to check compliance with all requisites.
- Any deficiencies arising are to be complied with by the applicant without changing the essence of the application within stipulated period of time else, patent application is deemed abandoned.
- Patent application is substantively examined, and, objections if any are to be rectified within stipulated period of time.
- Patent application is published to which interested third parties may file their opposition.
- In the event, no opposition/ objections forthcoming, patent application in compliance with all the requisites and formalities is registered and patent granted.
RIGHTS OF THE PATENTEE IN KUWAIT:
TERM AND KINDS OF PATENTS GRANTED IN KUWAIT:
- Patents with a term of 20 yrs.
- Patents confer on its holders and successors an exclusive right to work the invention.
- Patentee may authorise such uses of the patent through a contractual agreement with interested parties as to import, rent out, deliver or sell the product patent .
- Patentee may authorise the working of the patent either by a manufacturer or by an importer.
- Patentee may even assign, lease or licence the patent.
- Patentee is entitled to take legal action against infringers.
COMPULSORY LICENCES OF PATENTS IN KUWAIT:
At any time after the expiry of 3 years from the grant of a patent, interested parties may apply for grant of compulsory licenses on the following grounds:
- When reasonable requirements of the public with respect to the patented invention have not been satisfied.
- When patented invention is not available to the public at reasonable and affordable prices.
- When patented invention is not worked in the Kuwaiti territory.
- .Authorities to grant compulsory licence to such applicant(s) who is denied right of utilisation of the invention, and is subjected to exorbitant financial terms towards grant of licence.
- When national emergencies, circumstances of extreme urgency arise.
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Kuwait, can assist you comprehensively with Compulsory Licence matters.