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What is Patent?

It is an exclusive protection document granted to the inventor.

 

What are the conditions for obtaining a patent?

  • The invention must be new.
  • The invention must involves an innovative step.
  • The invention must be Industrially applicable.

 

How long does Patent protection last?

Patent is generally granted for 20 years from the date the patent application is filed.

 

What are the topics that cannot be patented?

  • discoveries, scientific theories, and mathematical methods.
  • Business practices, rules and methods, purely intellectual activities, or the exercise of a game.
  • Plants, animals, and processes – which are mostly vital – used for production of plants, or animals, except microorganisms, non-biological processes, and microbiological processes.
  • Treatment methods of the human body or animal, surgical, or therapeutic, and diagnosis methods of the disease applied to the human body or animal, excluding the products used in any of those methods.

Including computer programs, and any other works included in literary works.

 

What is Copyright?

Aggregate material and immaterial interests vested in the person to his work.

 

What are neighboring rights?

It is the set of rights granted to some persons or authorities that assist in making the work available to the public.

 

What are the compilations that excluded from protection?

  • Regulations and judgments, decisions of administrative departments, international conventions and other official documents, as well as the official translations of these texts, taking into account the provisions governing the circulation of such documents.
  • Ideas, procedures, methods of work, concepts of mathematical science, abstract principles and facts.
  • What is published by newspapers, magazines, periodicals, radio like daily news, or new incidents.

 

Optional Registration of Copyright Works.

The Registration application shall meet the following requirements:

  1. The Work or any of its contents shall not be contrary to Islamic Law (Shariah), Kingdom laws or the public decency.
  2. Completion of the data and attachments required for the Registration.
  3. Registration application is limited to one work, taking into consideration the nature of the Work.
  4. The Work shall not be from the excluded Works of the protection by the Law.
  5. The Work is in its final form, and is not a draft or a preparatory work.
  6. The payment of the financial equivalent in accordance with these Regulations.
  7. Any additional discipline, conditions and requirements, issued by a decision of the CEO of the Authority.

The Authority shall provide the Registration service for the following works:

  1. Architectural designs.
  2. Computer software and applications.

 

 

What is trademark?

All that takes a distinctive form of names, words, signatures, letters, symbols, numbers, addresses, stamps, drawings, images, inscriptions, packaging, graphic elements, forms, color, color combinations or a combination thereof, Used or intended to be used to distinguish the goods or services of an enterprise from the goods or services of other enterprises or to indicate the performance of a service, or to conduct the inspection of goods or services.

 

How long does trademark protection last?

The term of a trademark is 10 years with possibility of extension

What is Industrial design?

Is a collection of two-dimensional lines or colors, or a three-dimensional form that gives any industrial product or product of traditional crafts a special appearance, provided that it is not merely for a functional or technical purpose, including textile designs. The industrial design is protected by a protection document called “industrial design certificate”.

 

What are the conditions for obtaining the industrial design certificate?

The industrial design certificate shall be awarded if the design is new and has characteristics that distinguish it from the known industrial designs.

What is integrated circuit?

An integrated circuit is a product in its final or intermediate form in which the elements, at least one of which is active, and some or all of the interconnections
are integrally formed in or on a piece of material, and the purpose of this is to perform an electronic function.

 

What is layout design?

A layout design is the three-dimensional arrangement of integrated circuit elements – at least one of which is active – and all or some of the links, or the three-dimensional arrangement of an integrated circuit for manufacturing.

 

What is the term of protection for layout designs certificate? 

The protection period for layout designs is ten years from the date of filing the application or ten years from the date of start of its commercial exploitation anywhere in the world. In any case, the protection period may not exceed fifteen years from the date of creation of the design

What are plant varieties?

A plant group from a single plant class, from the lowest known grades, which can be identified by expressing the characteristics of a given genetic structure or a particular set of genotypes, and distinguishing them from any other plant group by expressing at least one of the characteristics mentioned, and consider it as unit given its ability to reproduce without change.

 

When is the plant variety patentable?

The plant variety is capable of obtaining a plant patent, if it new, distinctive, homogeneous and consistent, and has begun to be named.

 

How long does plant patent protection last?

The plant patent protection period is twenty years from the date of filing the application. For trees and vineyards, the protection period is twenty-five years

 

Patent Prosecution Highway between SAIP and the KIPO

SAIP and KIPO agreed at the Commissioner’s Meeting held in March 2019 to start a PPH pilot program. The commencing date is July 1, 2019 for three years. Details on requirements and procedures in each office are found in the documents below.

PPH Request to SAIP

Requirements and procedures for filing a request to SAIP for participation in the PPH program can be found in the document 1 below:

Guideline for Procedures to file a request to the SAIP for the PPH (English)

PPH Request to KIPO

Requirements and procedures for filing a request to KIPO for participation in the PPH program can be found in the document 2 below:

https://www.kipo.go.kr/en/HtmlApp?c=100016&catmenu=ek02_02_03

 


Patent Prosecution Highway between SAIP and the JPO

The Saudi Authority for Intellectual Property (SAIP) and the Japan Patent Office (JPO) will implement the PPH pilot program on 1 January 2020. Details on requirements and procedures in each office are found in the documents below.

 

PPH Request to SAIP

Requirements and procedures for filing a request to SAIP for participation in the PPH program can be found in the document below:

Guideline_Procedures to file a request_to_the SAIP

 

PPH Request to JPO

Requirements and procedures for filing a request to JPO for participation in the PPH program can be found on the JPO website below:
https://www.jpo.go.jp/e/system/patent/shinsa/soki/pph/guideline.html

 


Patent Prosecution Highway between SAIP and the USPTO

The Saudi Authority for Intellectual Property (SAIP) and the United States Patent and Trademark Office  (USPTO) will implement the PPH pilot program on 1 January 2020. Details on requirements and procedures in each office are found in the documents below.

 

PPH Request to SAIP

Requirements and SAIP PPH Request Form for filing a request to SAIP for participation in the PPH program can be found in the document below:

Fillable SAIP PPH REQUEST FORM [PDF]

PPH Request to USPTO

Requirements and procedures for filing a request to USPTO for participation in the PPH program can be found on the USPTO website below:
https://www.uspto.gov/patents-getting-started/international-protection/patent-prosecution-highway/patent-prosecution-14

Patent Prosecution Highway between SAIP and the CNIPA

 


The Saudi Authority for Intellectual Property (SAIP) and the China National Intellectual Property Administration  (CNIPA) will implement the PPH pilot program on 1 November 2020. Details on requirements and procedures in each office are found in the documents below.

 

PPH Request to SAIP

Requirements and SAIP PPH Request Form for filing a request to SAIP for participation in the PPH program can be found in the document below:

Guideline_Procedures to file a request_to_the SAIP

 

PPH Request to CNIPA

Requirements and procedures for filing a request to CNIPA for participation in the PPH program can be found on the CNIPA website below:
http://english.cnipa.gov.cn/art/2020/10/30/art_1356_154418.html

What is Intellectual Property Clinics?

IP Clinic is a service developed to raises awareness of the value of IP among businesses. It provides free-of-charge active consulting as well as legal and technical guidance to SMEs, entrepreneurs and IP right holders in an effort to promote the creation and utilization of IP.

Scope:

  • Patents
  • Copyrights and related rights
  • Trademarks
  • Industrial designs

 

Services portfolio:

  • Guidance on IP national, regional and international registration
  • Guidance on how to file and complete IP applications to obtain intellectual property rights
  • Guidance on the existing laws and regulations against infringements of intellectual property rights
  • Initial assessment of potential intellectual property rights
  • Prior art search on existing technologies

 

Steps to request the service

  • Sign into IP Clinic website
  • Submit request
  • Service delivery (online/offline)

 

What is Patent Cooperation Treaty “PCT”?

The PCT is an international treaty that has been concluded in Washington in 1970 AD and came into force action in 1974 AD; it is one of the important treaties of the international patent system because it provides an international system that facilitates the procedures for filing patent applications. It is administered by the World Intellectual Property Organization (WIPO), its membership reached 153 members. The application filed through the treaty passes undergoes the following stages: filing, international search, international publication, additional international search (optional), international preliminary examination (optional) and the national phase.

Therefore, PCT is a system for filing patent applications which does not provide an “international patent”, as the methods for protecting patent applications are either by filing an application at the National Office and Protection within the borders of the state or by filing an application before one of the regional and protection offices at the regional level such as the Gulf Patent Office that protects the patent in the Gulf states and other regional offices.

 

 

 

Advantages of an international application

  • Standardizing and facilitating registration and formal examination procedures which saves time, effort and costs.
  • Take advantage of the first filing date to 30 months to determine which countries for which the application is to be filed later in order to request protection.
  • The applicant obtains an international search report containing a list of published documents and a written report that explains whether the application can obtain a patent or not, and this report is not binding on member states.
  • The applicant can take advantage of the time to do more economic studies and evaluation of the invention or search for investors or commercial opportunities as well as to appoint local agents and prepare the necessary requirements to enter the national phase.
  • The applicant can amend the application according to the notes contained in the research report and submit an international preliminary examination request.
  • The applicant may obtain an additional preliminary international examination report in order to analyze the international research report and provide a written opinion on whether the application may obtain a patent or not, which may expedite the process of examining the application before the national offices.

 

The phases of the international application

First: The International phases: 

  • Filing: The international application is filed at (WIPO) directly, or in any regional or national “receiving office” such as the Saudi Authority for Intellectual Property, after fulfilling all the formal requirements required by the treaty.
  • International search (ISR): The International Search Authority (ISA), which chosen by the applicant, identifies published documents that may affect the probability of getting the patent application with adding a written opinion.
  • International publication: The patent application is publish after 18 months from the date of the first filing in one of the following languages: Arabic, Chinese, English, French, German, Japanese, Korean, Portuguese, Russian and Spanish.
  • Additional international search (optional): Upon the request of the applicant, another “International Searching Authority” identifies documents published in different languages and technical fields that may affect the possibility of obtaining a patent. It differs from the first international search as it may contain various other documents and more details.
  • International Preliminary Examination (IPER) (Optional): The International Preliminary Examining Authority shall, at the request of the applicant, analyze international search reports and provide a written opinion whether the application may obtain a patent or not, and the analysis is usually based on a modified version of the application.

 

Second: The national phase: After the PCT-related procedures are completed, patent granting procedures start at a national (or regional) patent office directly in the countries for which they are seeking patents, and patent granting remains the prerogative of national or regional patent offices, according to applicable regulations. The application is transferred to the national phase when the applicant identifies the countries in which he/she aims to protect his invention after the international phase.

 

Decide if you need to submit an international application?

  • If you are aiming to protect your invention and obtain a patent in more than one country (usually we advise those who target 3 countries and more for protection) shall submit an international patent application, so that it can:
  • Obtain a technical opinion indicating the invention’s chances of obtaining a patent.
  • Prepare the application formally and technically before filing the application with the targeted countries (the national phase).
  • Publish the application at an international database (patentscope) and thus highlight your invention for those interested (marketing the invention).
  • Provide you an additional time up to 30 months so that you can amend the patent application in addition to manufacture the invention and know its economic feasibility.

 

How do I file the international application?

The international application can be filed in Arabic or English languages.

International application filing options:

  • Send the request to the e-mail pct@saip.gov.sa, attached to Form 101.

 

 

Note: When deciding to file an application under the PCT and to take advantage of the priority of an earlier filed application, you have to ensure that 12 months have not passed from the date of your filing of your previous application.

 

The costs of filing the application according to the treaty:

There are four types of fees when filing an international application, which are:

  1. The International filing fee.
  2. The research fee.
  3. The simple fee for transferring that varies by different patent offices.
  4. The priority fees.

 

You can get more information about the treaty fees at the following website: https://www.wipo.int/export/sites/www/pct/en/fees.pdf

As for the fees that has to be paid after the application enters the national phase, it shall subject to each office at which registered, and may include the fees of translation of the application, fees for filing at national (or regional) offices, fees for attorney or local patent agents, etc.

 

To see the treaty timeline, click here.

To see the frequently asked questions, click here.

 

National Phase Entry:
After completing the international phase, the international application can enter the national phase, and this phase shall be concluded with the approval of the Patents Office to grant the patent or not.
The applicant can enter the national phase after submitting the international application (at any time during the international phase).

 

Required conditions:

  • The patent application have to be filed within the 30-month deadline from the date of the first filing (priority), and if there is no precedence, the 30-month period is calculated from the international application filing date.
  • Translating the application into Arabic.
  • Paying the patent application filing fee.
  • A copy of the international application (in case of entering the national phase early, that is, before the International Bureau sends a copy of the international application).
  • Under Chapter One: translating protection elements as amended and any statement under Article 19.
  • Under Chapter Two: translating the attachments of the international preliminary examination report regarding patentability.
  • Fulfill some certain conditions under Rule number 51 of the treaty law (amendment of the agent or inventor’s oath, declaration or designated, etc.. ).

 

Not required:

  • Provide a copy of the priority for the international application filed in the national phase.

 

The expiration of 30 months period:

The applicant must adhere to a 30-month deadline and make a decision to select countries within a sufficient period before the end of the international phase. However, the Saudi Authority for Intellectual Property grants a grace period, as stipulated in rule 49, paragraph 6 of the treaty system (two months from the date of causes of non-compliance or 12 months from the expiry of the period entry to the national phase, whichever occurs first, provided submitting a petition which includes justifications for non-compliance and payment of service fee ).

 

Application form to return the right in order to enter the national phase:
The form download link.

 

Application Fee:
1000 riyals, the applicant is an individual.
2000 riyals, the applicant is a company or institution (legal capacity).

 

Bank account details:

Bank  Alinma Bank
IBAN  SA8105000068224248888000
Account Holder’s Name  Saudi Authority for Intellectual Property

 

Send the application form and a copy of the payment receipt to the email: pct@saip.gov.sa

Guidance video clips on the PCT