Patents Laws in Egypt
Egypt's patent system is governed by Law No. 82 of 2002 on the Protection of Intellectual Property Rights, which aligns with international standards, including the TRIPS Agreement. The law covers various aspects of intellectual property, including patents, utility models, industrial designs, and undisclosed information.
๐งพ Patentability Criteria
To be eligible for patent protection in Egypt, an invention must meet the following criteria:
Novelty: The invention must be new and not have been disclosed to the public prior to the filing date.
Inventive Step: The invention must involve an inventive step, meaning it is not obvious to someone skilled in the relevant field.
Industrial Applicability: The invention must be capable of being used in some kind of industry, including agriculture.(
Additionally, patents are notgranted for:
Inventions whose exploitation may affect national security or cause harm to the environment, human, animal, or plant life or health.
Scientific discoveries, theories, mathematical methods, programs, and plans.
Diagnostic, therapeutic, and surgical methods for humans or animals.
๐ Patent Application Process
The process for obtaining a patent in Egypt involves several steps:
Filing the Application: Submit a patent application to the Egyptian Patent Office, which is part of the Academy of Scientific Research and Technology (ASRT). The application should include:
A detailed description of the invention in Arabic.
Claims defining the scope of protection.
Drawings, if necessary.
An abstract of the invention.
A certified copy of the priority document, if applicable.(
A legalized Power of Attorney
Formal Examination: The Patent Office conducts a formal examination to ensure that all necessary documents have been submitted and that the application complies with formal requirements.
Substantive Examination: A substantive examination is conducted to assess whether the invention meets the patentability criteria. The applicant must request and pay the examination fee within six months from the filing date.
Publication: If the application passes the substantive examination, it is published in the Official Gazette. Third parties have six months from the publication date to file an opposition against the patent application
Grant of Patent: If no opposition is filed or if the opposition is unsuccessful, the patent is granted, and the applicant is issued a patent certificate
โณ Duration and Maintenance
Patent Duration: Patents in Egypt are valid for 20 years from the filing date.
Annual Maintenance Fees: Maintenance fees are due from the second year onwards and must be paid in advance on or before each anniversary of the filing date.
Grace Period: A 12-month grace period is available for late payment of maintenance fees, subject to the payment of a surcharge.
Utility Models: Utility models are subject to formal examination only and have a validity term of 7 years from the filing date
โ๏ธ Enforcement and Legal Remedies
Patent holders in Egypt have the exclusive right to exploit their inventions and prevent unauthorized use, manufacturing, sale, or importation by third parties. In cases of infringement, patent holders can seek legal remedies through the courts, including injunctions, damages, and the seizure of infringing goods.(
๐ International Treaties
Egypt is a member of several international treaties that facilitate patent protection:
Patent Cooperation Treaty (PCT): Allows applicants to seek patent protection internationally.
Paris Convention: Provides a right of priority for patent applications filed in member countries.
TRIPS Agreement: Sets minimum standards for the protection of intellectual property rights.
๐ Practical Tips
Language: All patent documents must be filed in Arabic
Representation: Foreign applicants must appoint a local representative in Egypt to handle patent matters.
Search: Before filing, conduct a patentability search to assess the likelihood of grant.
Legal Assistance: Consult with local intellectual property law firms for guidance and support.
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