Patents Laws in Saudi Arabia
Here’s an overview of patent laws in Saudi Arabia:
🏛️ Legal Framework
Patent protection in Saudi Arabia is governed by the Saudi Patent Law, which was enacted by Royal Decree No. M/27 dated 17/06/1427H (corresponding to 2006 CE).
The law is administered by the Saudi Authority for Intellectual Property (SAIP).
Saudi Arabia is a member of the World Intellectual Property Organization (WIPO) and the Patent Cooperation Treaty (PCT).
📌 Patentability Criteria
To be patentable in Saudi Arabia, an invention must be:
New: It should not be disclosed publicly anywhere in the world before the filing date.
Involve an inventive step: The invention should not be obvious to a person skilled in the relevant field.
Industrial applicability: The invention must be capable of being made or used in some kind of industry.
Certain inventions are excluded from patentability, including:
Scientific theories and mathematical methods
Discoveries and aesthetic creations
Schemes, rules, or methods for performing mental acts, playing games, or doing business
Computer programs per se
Methods of medical treatment and surgical procedures
📝 Application Process
Filing the application
Applications are filed with SAIP.
The application must include a detailed description of the invention, claims, an abstract, and drawings (if applicable).
The official language is Arabic. Applications must be filed in Arabic or accompanied by an Arabic translation.
Formal Examination
Initial check for formal requirements.
Publication
The application is published 18 months from the filing date or priority date.
Substantive Examination
Conducted after publication to assess novelty, inventive step, and industrial applicability.
The applicant must request this examination within a prescribed period.
Grant or Refusal
If the invention meets the criteria, the patent is granted.
Otherwise, the application may be refused.
⏳ Duration and Maintenance
Patents in Saudi Arabia last for 20 years from the filing date.
Annual maintenance fees must be paid to keep the patent in force.
🌍 International Protection
Saudi Arabia is a contracting state of the Patent Cooperation Treaty (PCT).
Applicants can file international applications designating Saudi Arabia.
Saudi Arabia also participates in other regional IP frameworks and bilateral agreements.
⚖️ Enforcement
Patent holders can enforce their rights through Saudi courts.
Remedies for infringement include injunctions, damages, and seizure or destruction of infringing goods.
Customs authorities assist in blocking infringing imports or exports.
💡 Practical Tips
File your patent application in Arabic or provide an accurate Arabic translation.
Work with a registered Saudi patent attorney to navigate local procedures effectively.
Monitor deadlines closely, especially for requesting substantive examination and paying fees.
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