The Implementing Regulations of the Law of
Patents, Layout Designs of Integrated Circuits,
Plant Varieties and Industrial Designs
Issued by President of King Abdulaziz City for Science
and Technology No. (161-2-3607329) dated
30/12/1436H, and amended by the Board of
Directors of the Saudi Authority for Intellectual
Property No. (5/8/2019) dated on 04/09/1440 AH.
R-LA-079-01
Definitions
Chapter 1
General Provisions
Article 1:
The following terms and phrases, wherever mentioned in these Regulations
shall have the meanings assigned thereto, unless the context requires
otherwise:
Authority: The Saudi Authority for Intellectual Property.
Law: The Law of Patents, Layout Designs of Integrated Circuits, Plant
Varieties, and Industrial Designs.
Regulations: The Implementing Regulations of the Law of Patents, Layout
Designs of Integrated Circuits, Plant Varieties and Industrial Designs.
Subject-Matter of Protection: Either an invention, a layout design of an
integrated circuit, a plant variety or an industrial design.
Protection Document: A patent, a certificate of a layout design, a plant patent,
or a certificate of an industrial design.
Committee: The Committee provided for in Article 35 of the Law.
Paris Union: The Union constituted pursuant to Article One of the Paris
Convention for the Protection of Industrial Property, which consists of
member states of the Convention.
PCT: The Patent Cooperation Treaty concluded in Washington D.C. on
19/06/1970, of which the Royal Decree No. M / 63 dated 28/12/1430 H was
issued approving the accession of the Kingdom of Saudi Arabia and the
subsequent amendments thereto.
The Authority
Communication with the Authority
1.
acceptable means.
International Application: A patent application filed (deposited) under the
the provisions of Chapter 11 of theseprovisions of PCT and subject to
Regulations.
National Phase: The conversion of an international application into a national
application upon designation of the Kingdom of Saudi Arabia for protection,
and its receipt of said application in accordance with PCT provisions.
Article (2):
The Authority shall implement the provisions of the Law and the Regulations.
It shall, in particular, perform the following:
1. Receive and process protection applications and prepare protection
documents.
2. Propose issuance of and amendments to forms necessary to discharge
its duties.
3. Issue decisions granting protection documents and publish
information related thereto.
4. Use information technology and access national and international
databases when processing protection applications and documents.
5. Propose necessary amendments to the provisions of the Law and the
Regulations.
6. Propose regulations for licensing agents and lawyers to represent
clients before the Authority.
Article (3):
Correspondences with the Authority shall be addressed to Authority at
the postal address determined by the Authority or through any other
Authority Records and Files
2.
3.
for a fee.
Correspondences with the Authority shall be in writing in a manner
acceptable to the Authority. The applicant or his agent is not required to
2.
appear in person.
3. Correspondences with the Authority regarding protection applications
or documents shall include the reference number of the application or
document. The Authority is not obligated to process correspondences
failing to comply with this condition.
4. Applications for granting protection documents and any relevant
documents or correspondences shall be sent to the Authority
electronically or through any other means acceptable thereto.
5. Notices and correspondences relating to protection applications and
documents shall be delivered by the Authority electronically or by hand
or registered mail, and all correspondences from the Authority shall be
sent to the applicant or his agent at the address recorded with the
Authority. Notices delivered in the above manner shall have legal effect.
6. The day on which the notice is sent shall not be counted as part of the
statutory period given. Any period expiring on weekends or official
holidays of the Kingdom shall be extended to the first following
working day.
Article (4):
1. The Authority shall maintain records for protection applications and
documents, where the main data of the protection applications and
documents and any amendments thereto are recorded.
Published protection applications shall be made available to the public.
Copies of the applications referred to in paragraph 2 may be obtained
Payment of Fees
Gazette, Statements and Other Publications
Unpublished protection applications shall remain confidential.
or copies
(C)
4.
4.
5. The Authority shall keep the originals of the applications
thereof for a period of five years from the date of withdrawal, forfeiture
or rejection of the application, or forfeiture of the right to the protection
document or expiration of its term.
Article (5):
1. Fees prescribed by the Law and its Implementing Regulations shall be
paid through SADAD Payment System or any other payment method
determined by the Authority.
2. The Authority shall, upon request and upon verification, refund any
sums paid by mistake or paid in excess of the fees.
Article (6):
1. The Authority shall periodically publish in Arabic a Gazette containing
all information required to be published by the Law. If necessary, it
may contain an English translation of some information.
2. The Gazette shall be issued with serial numbers, carrying both Hijri
and Gregorian calendar dates, and the Authority shall make it available
on the Internet and shall maintain a number of copies thereof.
3. The Authority may publish the following in paper or on the Internet:
(A) Applications of patents and plant patents including the
specifications as filed, as well as search and examination reports.
(B) Protection documents including the specification.
Texts of final decisions issued by the Committee.
The Authority may exchange its publications and statements with
patent offices and with others.
Content of the GazetteArticle (7):
The Gazette shall contain at least the following:
1. First page of the application for patents and plant patents.
2. First page of granted protection documents.
3. A list of protection applications and documents which have been
amended or whose ownership has been changed or transferred.
4. A list of forfeited, rejected or withdrawn protection applications and
documents.
5. A list of the denominations of plant varieties included in the
applications for plant patents and the new denominations of plant
varieties.
6. A list of abandoned protection documents.
7. Decisions of compulsory licenses, amendments, withdrawals, transfer
and abandonment thereof.
General Provisions
Chapter 2
Terms and Conditions for Filing an Application
Article (8):
1- Protection applications shall be submitted in the designated electronic
forms or in any other method approved by the Authority. The application shall
be clearly prepared in Arabic or a certified English copy of the previous
application and a translation thereof shall be submitted within three months
The forms shall contain all information required and answers to all queries.
2- A- The patent application filing date shall be the same date of receipt
of the application, satisfying at least the following:
1- Filling appropriate forms for a patent application.
2- Applicant’s name, capacity and address.
3- A description of the invention.
4- Payment of filing fees.
B-The applicant must satisfy the requirements stipulated in this Article and
Articles 9 to 17 of the Regulations within two months from the filing date
(receipt) provided the description of the invention does not include additional
information other than that provided at the time of filing.
C- In case of satisfying the requirements included in Paragraph B but the
description of the invention includes more information other than that
provided at the time of filing, the date of satisfying the requirements shall be
deemed as the filing date.
D- If the applicant fails to satisfy the requirements specified in Paragraph B
within the prescribed period, the application shall be deemed null and void.
Conditions for Filing an Application
Conditions for Filling out a Patent Application Form
The filing date of application for a certificate of a layout design of an
integrated circuit, application for plant patent and application for industrial
3-
design shall be the date of receiving the protection application satisfying all
requirements provided for in this Article and Articles 18 to 29 based on each
protection subject, upon payment of filing fees.
4- If the applicant resides outside the Kingdom, he must designate an
authorized agent in the Kingdom.
Section One
Terms and Conditions for Filing Patent Applications
Article (9):
1. Filling the patent application form.
2. Providing the specification of the invention and any relevant
attachments.
3. The title of the invention shall comply with the provided conditions and
shall not differ from the title given in the specification of the invention.
4. The documents submitted shall be originals or copies certified by the
competent authorities.
5. Payment of filing fees.
6. The applicant shall satisfy all the Authority’s requirements relating to
the application.
Article (10):
The form shall be clearly filled and shall include the title of the invention, the
applicant’s name, address, place of residence and place of work; the inventor’s
name and address; name of the agent, if any, and his address; and information
regarding priority and disclosure. Fields of the form shall be filled based on
its numbers as follows:
1- Title of the Invention: The title of the invention shall be brief and specific,
preferably of not more than seven words. General phrases such as “A Chemical
Process”, “An Electronic Device”, “An Electric Device” and “An Organic
Compound of New Characteristics” shall not be considered as titles of an
invention. In order to shorten the title, phrases such as “A New Method of …
“, “Improvements in …”, “Development in …” may not be used.
2-Name of the Applicant: For individuals, the name shall be identical to that
stated in the identification document in the following order: First name-
Father’s name-Grandfather’s name-Family name. For establishments and
companies, the name shall be identical to its official name. In case of multiple
applicants, the data of the first applicant shall be provided in this part and data
of the remaining applicants shall be provided in the relevant fields.
Correspondences between the Authority and the applicants shall be made
through the first applicant in the absence of an agent. If the applicant is not the
inventor, a document showing assignment of the right to him shall be attached.
3-Name of the Inventor: The name of the inventor shall be identical to that
stated in the identification document and in the following order: first name,
father’s name, grandfather’s name and family name. In case of multiple
inventors who actually contributed to the invention, the data of the first
inventor shall be provided in this part and the data relating to the other
inventors shall be provided in the relevant fields.
4-Priority and Disclosure Information: If the invention was previously
disclosed, the documents showing the date of disclosure and reasons therefor
shall be attached. If the applicant is a citizen or resident of one of the countries
of the Paris Union or owns a real and active industrial or commercial firm
therein and wishes to claim priority of an application previously filed in one of
General Conditions for the Specification:
said countries, information relating to the priority claim (country, application
number and filing date), patent number and date, if any, shall be stated. A
name.
certified copy of the previous application and a translation thereof shall be
submitted within three months from the filing date. This shall be without
prejudice to other relevant international treaties to which the Kingdom is party.
5-Attachments: The attachments (specification and any other attachments)
shall be listed, and page numbers shall be provided in numbers and letters. In
case of a priority claim, any attachment in this respect shall be referenced.
6-Name of the Agent: The name of the agent shall be stated. Said agent must
hold a power of attorney acceptable to the Authority issued by a competent
authority if the applicant is in the Kingdom. If the applicant is outside the
Kingdom, it is necessary to have a power of attorney approved by the
competent authorities and certified by the Kingdom's diplomatic missions
abroad. The agent shall attach proof that he is licensed to practice in the
Kingdom.
7-Declaration: In this part, the applicant or agent shall warrant that all
information provided above is true and shall be responsible for all the
consequences of providing incorrect information.
Article (11):
The specification shall include the following contents and in the following
order:
1-“Abstract”, “Full Description”, “Claims” and “Drawings”.
2-The beginning of the abstract and the full description shall be the inventor’s
3-The Abstract, full description and claims may include names, symbols,
formulae, mathematical and chemical equations, scientific terms and others in
Instructions Relating to Translation of Applications into Arabic
Latin letters. None of them shall contain drawings. As for tables, if any, they
shall be included in the full description of the specification.
4- Measurements shall be in the metric system and temperature degrees in
centigrade. Corresponding units may be added between parentheses.
5-Drawings and figures shall be attached if they are necessary for complete and
clear understanding of the invention.
6-The specification may not include statements or drawings contradictory to
Islamic Sharia or public morals.
7-The specification may not include advertisements for products,
manufacturing methods, statements degrading other products or
manufacturing methods, nor words or sentences not appropriate or necessary
for understanding the invention. Comparison with a previous industrial
technology may not be deemed degradation of such technology.
Article (12):
1-The scientific term, when used for the first time, shall be given in its original
language with the Arabic equivalent. Subsequently, only the Arabic name is
given, except for claims where the term is repeated in both languages.
2-In case of the use of abbreviated names in a foreign language, the full name
in both Arabic and English shall be mentioned when used for the first time in
the text. Subsequently, the abbreviation only shall be given.
3-The same Arabic term for a Latin word shall be used when the Latin term
recurs in the text.
4-Symbols, units, names and fundamental physical constants approved by the
International Union of Pure and Applied Physics (IUPAP) – the SUNAMCO
Committee published in Union Document No. 25 shall be adopted.
Conditions for the Abstract
5-Latin letters shall be used in accordance with the IUPAC1 System for writing
and symbols of chemical elements,structural figures, chemical formulae,
compounds, and names. If the chemical name appears in the title it shall be
written in both Arabic and Latin.
6-References, research papers, articles and scientific books shall be written in
their original language.
Article (13):
1-The abstract shall not exceed half a page, or one page in exceptional cases.
2-If there are drawings, a reference shall be made in the abstract to the figure
that depicts the invention, and the figure’s number shall be given at the end of
the abstract.
3-If there is reference in the abstract to components in the figure referred to in
the previous paragraph, and if numbers or letters are used therein to identify
these components, such numbers or letters shall be given in parentheses within
the text in the abstract.
4-The abstract shall include the technical field along with a brief description of
the main components of the invention and its primary use.
5-The abstract shall be written in simple language and provide a clear idea of
the technical problem it addresses, for easy reference in media and research.
Such abstract may not be used for defining the scope of protection.
6-The anticipated significance, value or merits of the invention may not be
stated.
PAC = INTERNATIONAL UNION OF PURE AND APPLIED CHEMISTRY 1
Conditions for Full Des
tions for Claims
a part does not require a new page.
Article (15): Condi
7-An English version of the abstract, if available, shall be attached.
Article (14): cription
The full description shall include the following parts:
1-Background of the Invention: This shall include the technical field of the
invention, a description of the prior art, including any documents of which the
inventor is aware, and any problems relating to the prior art the invention seeks
to overcome.
2-General Description of the Invention: This shall indicate the merits of the
invention compared to the prior art, difficulties or problems sought to be
overcome, and the purpose of the invention. The description shall be rendered
in a clear language understood by a reader with an average knowledge in the
technical field. This part usually relates to the primary claim.
3-Brief Explanation of the Drawings: This shall include a brief explanation of
the figures and their sections, if any.
4-Detailed Description: The description of the invention shall be clear and
sufficient for an average person in the art to execute, and a detailed explanation
of the invention and the method of its industrial application shall be given. The
applicant shall indicate the best method the inventor is aware of for execution
of the invention at the filing or priority date. The explanation shall also include
a detailed reference to the drawings attached. If the application contains a gene
sequence, it shall be separately attached in an electronic format.
The above parts shall be sequentially ordered, under the following headings:
“Background of the Invention”, “General Description of the Invention”, “Brief
Explanation of the Drawings”, and “Detailed Description”. The heading shall
be given at the beginning of the line and shall be underlined. The beginning of
Conditions for Drawings
to make one drawing.
1-The application shall contain at least one independent claim. It may contain
other dependent and independent claims, and they shall be numbered
consecutively, provided that claim number one is the one defining the widest
scope required.
2- The claims shall give a full definition of the required scope of protection
including the main components of the invention. They shall also be of a specific
scope, compared to what is disclosed in the full description.
3- The claims shall be clear and interconnected and shall define the essence of
the invention (not its merits) in a specific manner which makes it possible to
verify the scope of protection without recourse to the full description or the
drawings, except when absolutely necessary.
4- The claims shall be formulated, whenever possible, in such a way as to
identify the new part or the inventive step in the scope of protection. For
example, the invention to be protected shall be defined by specifying its
components and technical features, followed by the phrase, “characterized by
…” or “the improvement comprises ….” or any other similar phrase, then the
novel or innovative aspect that distinguishes it from any other invention.
5- If the application contains drawings and there is reference in the claim to
components in one of the figures that include numbers or letters used to
identify these components, these numbers or letters may be mentioned in
parentheses within the text in the claim.
Article (16):
1-Drawings shall be clear and of high quality for duplication.
2-The page may contain more than one figure and, when necessary, a figure
may be put on more than one page provided that they can be easily juxtaposed
Other Attachments to the Application
Conditions for Filing an Application
3-Figures shall be given separate numbers irrespective of the number of the
page and,. The same numbers or letters shall be used in other drawings to
4-Attaching a
identify the same components. Drawings may not be shaded and shall be
presented in bold black lines, and the section shall be highlighted with broken
lines.
4- Drawings may not contain any words or otherwise for the purpose of
description. When necessary, words may be used to explain some of the main
features.
Article (17):
The applicant shall provide the Authority with a copy of examination and
search reports as well as copies of applications previously filed or patents
granted by other offices for the same invention.
Section Two
Terms and Conditions for Filing an Application for a Certificate of a
Layout Design of an Integrated Circuit
Article (18):
1-Filling the application for a certificate of a layout design of integrated circuit.
2-Attaching a brief and precise description of the design, including information
that defines the electronic function of the integrated circuit.
3-Attaching a clear drawing or image of the design. Parts of the drawing or
image related to the method of manufacturing the integrated circuit may be
excluded, provided that the remaining parts are sufficient to explain and
identify the design.
sample of the integrated circuit if it is for commercial
exploitation, if requested by the Authority.
Conditions for Filling out an Application Form for Certificate
of Layout Design
be originals or copies certified by the5-The documents submitted shall
competent authorities.
6-Payment of filing fees.
7-The applicant shall satisfy all the Authority’s requirements relating to the
application.
Article (19):
The Application form for certificate of layout design shall be clearly filled out,
including the following:
1-Title of the design: It shall be concise and specific.
2-Date and place of first commercial exploitation: This information shall be
provided if the design has been exploited commercially anywhere in the world.
3-Name of the applicant: For individuals, the name shall be identical to that
stated in the identification document. As for establishments and companies, it
shall be identical to the official name. In case of multiple applicants, the data of
the first applicant shall be provided in this part, and data relating to the
remaining applicants shall be provided in the relevant fields. Correspondences
between the Authority and the applicants shall be made through the first
applicant in the absence of an agent.
4-Name of the design creator: The name shall be identical to that stated in the
identification document. In case of multiple creators, the data of the first creator
shall be provided in this part and the data relating to the other creators shall be
provided in the relevant fields.
5-Name of the agent: The name of the agent shall be stated. Said agent must
hold a power of attorney acceptable to the Authority issued by a competent
authority if the applicant is in the Kingdom. If the applicant is outside the
Conditions for Filing an Application
a power of attorney approved by the
competent authorities and certified by the Kingdom's diplomatic missions
Kingdom, it is necessary to have
abroad. The agent shall attach proof that he is licensed to practice in the
Kingdom.
6-Attachments: Titles of attachments to the form (figures or any other
attachments) shall be listed, and page numbers shall be provided in numbers
and letters. In the case of previous commercial exploitation, any attachments in
this respect shall be referenced.
7-Declaration: In this part, the applicant or agent shall warrant that all
information provided above is true and shall be responsible for all the
consequences of providing incorrect information.
Section Three
Terms and Conditions for Filing an Application for a Plant Patent
Article (20):
1-Filling the application for a plant patent.
2-The technical description form shall be filled, and any relevant attachments
shall be enclosed.
3-Attaching the abstract.
4-Payment of filing fees.
5-Photographs or drawings of the plant variety with a brief description thereof
shall be attached if they are necessary to identify the variety.
6-The application for protection shall be limited to one variety.
7-The background of the technical description form shall be white.
Conditions for Filling out an Application Form for Plant Patent
8-The denomination of the plant variety provided in the technical description
of the variety shall be identical to the denomination provided in the form and
other official documents.
9-The documents submitted shall be originals or copies certified by the
competent authorities.
10-The applicant shall satisfy all the Authority’s requirements relating to the
application.
Article (21):
The application for a plant patent shall be clearly filled out. It is preferable to
add the name of the applicant, the name of the plant breeder and the data
relating to priority and disclosure in English, including the following:
1-Denomination or Proposed Denomination of the Plant Variety: The
denomination of the variety shall be provided. If there is no denomination, a
proposed denomination of the variety or a temporary one that refers to the
plant breeder shall be provided. The denomination of the plant variety may
consist of one word or a group of words and numbers or a group of letters and
numbers with or without meaning, provided that the constituents of the
denomination make it possible to identify the variety.
2-Genus and Species: The scientific name of the variety shall be provided by
stating its genus and species in Latin, in italics or underlined, according to the
conventions of writing scientific names.
3-Common or Commercial Name: If there is a common or commercial name
for the variety it shall be provided in Arabic and in English or Latin.
4-Name of the Applicant: For individuals, the name shall be identical to that
stated in the identification document. As for establishments and companies, it
shall be identical to the official name. In case of multiple applicants, the data of
the first applicant shall be provided in this part, and data relating to the
in the field designated for such
the case of a
the
remaining applicants shall be provided
purpose. Correspondences between the Authority and the applicants shall be
made through the first applicant in the absence of an agent.
5-Name of the Plant Breeder: The name of the plant breeder shall be identical
to that stated in the identification document. In case of multiple breeders who
actually participated in the breeding of the plant, the data of the first breeder
shall be provided in this part and the data of the other breeders shall be
provided in the relevant fields.
6-Name of the Agent: The name of the agent shall be stated. Said agent must
hold a power of attorney acceptable to the Authority issued by a competent
authority if the applicant is in the Kingdom. If the applicant is outside the
Kingdom, it is necessary to have a power of attorney approved by the
competent authorities and certified by the Kingdom's diplomatic missions
abroad. The agent shall attach proof that he is licensed to practice in the
Kingdom.
7-Attachments: The attachments to the Form (technical description of the
variety and any other attachments) shall be listed, and the number of pages
shall be provided in numbers and letters. In case of a priority claim, any
attachments in this respect shall be referenced.
8-Priority and Disclosure Information: If the plant variety was previously
disclosed or sold or the propagating materials were previously sold, the
documents showing the date and reasons for disclosure shall be attached. In
priority claim, the following shall be provided: priority
information (name of the country, date and number of the application), date of
publication and number of the plant patent (number of granting the patent to
plant breeder) and its date, if any. A certified copy of the previous
Conditions for the Technical Description of the Variety
change and the
application and a translation thereof shall be submitted within three months.
In all cases, relevant international agreements to which the Kingdom is party
shall apply
9-Data regarding previous filings (country name, filing date, application
number and publication date) and, if available, the plant patent number (plant
breeder’s right number) and date shall also be submitted.
10-Declaration: In this part, the applicant or agent shall warrant that all
information provided above is true and shall be responsible for all the
consequences of providing incorrect information.
Article (22):
The technical description of the variety shall include the following:
1-Denomination of the variety.
2-Genus and Species: The scientific name of the variety shall be provided by
stating its genus and species in Latin, in italics or underlined, according to the
conventions of writing scientific names.
3-Full disclosure of the origin of the variety and method of breeding and
whether it is carried out through genetic engineering.
4-A detailed description of the consecutive stages of the selection and
propagation processes which were used to breed the variety.
5-Proof of the uniformity of the variety showing the degree of variation in any
of its characteristics.
6-A statement of the stability of the variety showing the number of cycles of
propagation during which none of the distinguishing features underwent any
changes noted during propagation processes, and their
repetition, together with a repetition of the noted or expected confusion.
Conditions for the Abstract
tions for Photographs and Drawings
7-A statement that the variety is distinct showing clearly how it is distinguished
from other varieties descending from the same species. If there is any similarity
5.
Article (24): Condi
between the variety and other varieties, the applicant shall specify these
varieties with a detailed description of the differences among them. Samples of
propagation materials or other plant samples of the variety or photographs of
the same shall be provided if this helps show the distinctiveness of the variety
very clearly.
8-Drawings of the variety shall be provided if this helps identify the variety
with a brief description thereof, if available.
9-A photograph of the plant or its main parts, especially ornamentals or
unknown plants.
10- Measurements shall be in the metric system and temperature degrees in
centigrade. Corresponding units may be added between parentheses.
Article (23):
1-The abstract shall include the name of the variety, names of the parents, and
breeding method in brief.
2-The abstract shall be written in a simple language to provide clear
understanding of the variety and how it is distinct from the closest similar
varieties.
3-A reference in the abstract shall be made to the general figure of the plant
variety.
4-The name of the plant variety in the abstract shall be identical to the name
provided in the application forms (Arabic/English).
The abstract shall not exceed half a page, or one page in exceptional cases.
1-Photographs and drawings shall be clear, unshaded with no background,
high quality, and can be clearly reproduced.
2-Numbers of photographs and drawings shall be in sequentially ordered.
3- numbers and letters shall be used to distinguish the components of
drawings.
4-The main figure shall be on a separate page.
Other Attachments to t
Conditions for Filing an Application
competent authorities.
he Application
1-The applicant may provide the Authority with copies of examination and
Article (25):
search reports, and applications or plant patents (plant breeder’s rights) related
to the same plant variety granted by foreign entities.
2-The applicant shall provide the Authority with reproduction materials,
copies of examination or search reports, applications or plant patents (plant
breeder’s rights) related to the same plant variety, upon request, within three
months from the date of notification. In case of failure to satisfy such
requirements, the application shall be rejected, unless the applicant provides
justification acceptable to the Authority for non-compliance within the
specified period.
Article (26):
The Authority shall provide protection for fifteen genera in the first year of the
application of the Law and shall issue a list thereof. New genera shall be listed
yearly based on need and capability.
Section Four
Terms and Conditions for Filing Application for a Certificate of Industrial
Design
Article (27):
1-An application for a certificate of industrial design shall be clearly filled,
including the data of the design and any other relevant attachments.
2-Pictures and drawings of the industrial design sought to be protected shall
be attached provided they do not exceed seven.
3-A protection application shall be limited to one industrial design.
4-The documents submitted shall be originals or copies certified by the
Conditions for Filling out an Application Form for a Certificate
of Industrial Design
6-The applicant shall satisfy all the Authority’s requirements relating to the
5-Payment of filing fees.
application.
Article (28):
The application for a certificate of industrial design shall be clearly filled out
as follows:
1- Name of the Applicant: The name shall be identical to that stated in the
identification document. As for establishments and companies, it shall be
identical to the official name. If there is more than one applicant, the data of
the first applicant shall be provided in this part, and data relating to the
remaining applicants shall be provided in the fields designated for such
purpose. Correspondences between the Authority and the applicants shall be
made through the first applicant in the absence of an agent.
2- Name of the Designer: The name of the designer shall be identical to the
name in the identification document. If there are multiple designers, the data
of the first designer shall be provided in this part and data of the other
designers shall be provided in the relevant fields.
3- Name of the Agent: The name of the agent shall be stated. Said agent must
hold a power of attorney acceptable to the Authority issued by a competent
authority if the applicant is in the Kingdom. If the applicant is outside the
Kingdom, it is necessary to have a power of attorney approved by the
competent authorities and certified by the Kingdom's diplomatic missions
abroad. The agent shall attach proof that he is licensed to practice in the
Kingdom.
Design: The industrial design shall be
described in writing by describing each enclosed figure (picture or drawing)
be referenced.
4- Description of the Industrial
or by giving a general description as brief as possible.
5- Type of Products: The type of products in which the industrial design is
used shall be given briefly and specifically, according to the International
Classification of Industrial Designs (Locarno).
6- Classification: Classification of the industrial design shall be provided, if
applicable, in accordance with the International Classification of Industrial
Designs (Locarno).
7- Priority and Disclosure Information: If the Industrial design has been
displayed in an official exhibition or was otherwise previously disclosed to
the public, the necessary documents showing date of display or disclosure
shall be enclosed. If the applicant is a citizen of one of the countries of the Paris
Union or a resident in one of them or owns a real and active industrial or
commercial firm therein and wishes to claim priority of an application
previously filed in one of the countries of the Union, then the data relating to
the priority application (country, application number and filing date) and the
number of the certificate and date and the classification, if any, shall be
provided. A certified copy of the previous application and a translation
thereof shall be submitted within three months from the filing date. In all
cases, relevant international agreements to which the Kingdom is party shall
apply. Data regarding previous filings (country name, application number,
filing date), certificate number and date, if any, shall also be enclosed.
8- Attachments: Attachments of the Form (figures and any other
attachments) shall be listed, and page numbers shall be provided in numbers
and letters. In the case of a priority claim, any attachments in this respect shall
Conditions for Figures (Pictures or Drawings)
or agent shall warrant that all
and shall be responsible for all the
9- Declaration: In this part, the applicant
information provided above is true
consequences of providing incorrect information.
Article (29):
The application shall include drawings or photographs showing the complete
parts of the industrial design, taking into consideration that the scope of
protection is determined on the basis of the figures enclosed at the time of
filing the application, observing the following:
1- Figures shall be in color, if protection of certain colors in the industrial
design is desired.
2- If there are figures or parts in the industrial design that do not require
protection, they shall be drawn in broken lines.
3- When more than one figure for an industrial design is submitted in one
application, the scope of protection shall cover the common elements in these
figures.A page may contain more than one figure.
5- Figures shall be clear and shall indicate the distinctive features of the
industrial design to be protected, given that such figures shall be published as
enclosed.
6- Figures may not contain any words for the purpose of description.
7- Figures shall be sequentially numbered below the figure.
Chapter 3
Provisions for Priority and Disclosure
Priority Provisions
Cases of Disclosure Not Deemed Part of Prior Art
applicant or his predecessor.
B-
Any previous filing at a national or regional office in the countries of the
Article (30):
1-
Paris Union or any international agreements to which the Kingdom is a party
shall be deemed as giving rise to the right of priority.
2- Periods of priority shall start from the filing date of the first application.
The day of filing shall not be counted in the period.
3- If the last day of the priority period is an official holiday or a day in which
the Authority is not open for receiving applications, the period shall be
extended to the first following working day.
4- The applicant claiming the privilege of priority may defer providing the
Authority with the number of the previous application and the classification
code of the application for the patent or the application for the certificate of an
industrial design for a period not exceeding three months from the filing date
of the application.
5- If the applicant claiming the privilege of priority fails to submit a certified
copy of the previous application and a translation thereof within the prescribed
period, his right of priority shall be forfeited, and this shall be recorded in the
registry of the Authority.
Article (31):
1- Cases of disclosure of inventions and industrial designs not deemed part
of prior art shall be as follows:
A- If the disclosure occurred during the last six months prior to the filing date
of the application or the date of priority claim due to abusive acts against the
If the disclosure occurred as a result of display in an officially recognized
international exhibition in one of the countries of the Paris Union during the
Correction or Addition of Priority
year preceding the filing of the application for the patent, or the six months
preceding the date of filing the application for certificate of industrial design.
2- If the applicant desires to have provisional protection for an invention or
industrial design relating to products he wishes to display in any official
exhibition, he shall apply to the Authority, enclosing a brief description of the
invention or industrial design, the drawings and a statement about the
products relating thereto. The Authority may require the applicant to submit
any other data it deems necessary. As for products displayed outside the
Kingdom, a certificate attested by an official authority specifying the displayed
product, its data and date of display shall be provided.
3- The periods referred to in the preceding two paragraphs shall not entail
extending the period of the right of priority provided for in Article 10 of the
Law.
Article (32):
1- The Authority may correct or add a priority claim subject to the following
conditions:
A- Filing a petition to the Authority to correct or add the priority claim
within two months from the expiration date of the priority period.
B- The application to which a priority is to be added or corrected shall have
been filed within two months from the expiration date of the priority claimed
or sought to be added.
C- Providing reasons for non-compliance with the priority period, proving
that non-compliance was not intentional and owing to reasons beyond control
and despite exercising due diligence.
D- Payment of petition filing fees.
Cases of Publicly-Known Varieties
If the Authority accepts the reasons stated in the petition, the priority claim
filing.
2-
shall be corrected or added and the applicant shall be notified.
3- If the Authority rejects wholly or partially the reasons stated in the petition,
it shall notify the applicant of the expected decision of rejection. The applicant
may respond to the expected rejection within one month form the date of
notification.
4- Rejection of the petition shall not entail a refund of the petition fees.
Article (33):
Filing a plant patent in another country or registering a variety in a list of
varieties of which reproduction materials are permitted for marketing in such
country shall render the variety in the application publicly-known as of the
filing date of the application, provided that the application results in granting
a plant patent or registration in the list. The variety shall also be deemed
publicly-known if it is currently exploited, registered in a variety list
maintained in a recognized professional association or included in a reference
group.
Chapter 4
Provisions for Amending and Withdrawing Protection Applications
Article (34):
1- Amendments or additions to the protection application made by the
applicant on his own or at the Authority’s request, may not exceed what was
disclosed in the application at the time of filing, provided that the fees are paid.
2- Amendment to any figure included in an application for a certificate of an
industrial design entails that the date of amendment be deemed the date of
The applicant for a patent may cancel or add any claim, provided that this3-
does not lead to any change in the unity of the invention.
4- An applicant for protection may, free of charge, correct typographical
errors or calculation errors in the application and request the introduction of
changes to the data given in the application.
5- An applicant for protection may withdraw his application as long as it has
not been finally decided upon. The request for withdrawal shall be final and
unconditional.
6- If the application for protection is made by multiple applicants, a request
for withdrawal may not be accepted unless signed by all applicants.
Article (35):
If an applicant for a patent divides his application to several applications, either
on his own or at the request of the Authority, as a result of a substantive
examination which shows that the application includes more than one
invention, he shall specify the invention included in the original application.
He may also file applications for the other inventions separately, subject to
provisions governing new applications. They shall keep the original
application filing date and enjoy the right of priority, if any.
Chapter 5
Provisions for Formal and Substantive Examination
Article (36):
Registered applications shall be examined to ensure that they satisfy the formal
conditions provided for in Article 8 of the Law and the provisions of Chapter 2
of these Regulations for each subject of protection. If the formal examination
reveals that some conditions are not satisfied, the applicant shall be requested
to satisfy them within a period not exceeding ninety days from the date of
Classification.
notification. Failure to comply within said period shall render the application
null and void.
Article (37):
1- the Authority shall notify the applicant to pay the publication fees within
three months. If he fails to pay within such period, the application shall be
lapsed,. A note to this effect shall be entered into the registry and published in
the Gazette.
2- The Authority shall assess the expenses of the substantive examination of
the application for a patent or plant patent. The applicant shall be required to
pay said expenses within three months from the date of being notified. If he
fails to pay, the application shall be forfeited and this shall be entered into the
registry and published in the Gazette.
3- Upon payment of the expenses referred to above, the Authority shall
perform the substantive examination of the patent or plant patent application.
Article (38):
The Authority shall perform the substantive examination of the patent
application to ensure that the application satisfies the conditions provided for
in Articles 4, 43, 44, 45 and 46 of the Law and the provisions stipulated in these
Regulations, including the provisions of Chapter 2. For such purpose, the
Authority may perform the following:
A- Examine claims, description, and drawings to determine the essential
components of the invention.
B- Classify the application in accordance with the International Patent
C- Assess the unity of the invention.
1- Applications
Determine the documents related to the invention by searching databasesD-
or any other sources.
E- Identify the documents closest to the invention by comparing such
documents with the invention.
F- Assess novelty by comparing the invention with the closest documents.
G- Assess the inventive step through the use of the knowledge of the ordinary
person in the art which is based on relevant documents.
H-Assess the industrial applicability of the invention.
The Authority shall prepare a report on the substantive examination which
shall state its opinion as to whether the application satisfies the conditions
provided for and the required explanations and amendments.
Article (39):
The Authority shall conduct a substantive examination of the plant patent
application to verify that the application satisfies the conditions provided for
in Articles 4, 54 and 55 of the Law and the provisions stipulated in these
Regulations, including the provisions of Chapter 2. To this end, it may
perform the following:
A- Ensure that the variety is of the specified botanical taxon. If it is not, the
applicant shall be notified and given a period of thirty days for amendment;
otherwise, the application shall be rejected.
B- Ensure that the variety is new.
C- Conduct a technical test of the variety to ensure that said variety is distinct,
uniform and stable, in accordance with the following:
for which no filings were previously made outside the
Kingdom shall be examined by the Authority or by any national or foreign
entity designated by the Authority, in accordance with UPOV Guidelines for
Provisions for Denomination of the VarietyArticle (41):
1-
the Conduct of Tests for Distinctness, Uniformity and Stability. As for unlisted
varieties, they shall be tested according to available resources.
2- As for applications for which filings were previously made outside the
Kingdom and were or would be tested abroad, the Authority may adopt the
results of the test if the test was conducted in environmental conditions similar
to the environmental conditions of the Kingdom.
The Authority shall prepare the report of substantive examination which
includes its opinion as to whether the application satisfies the prescribed
conditions and the required clarifications and amendments.
Article (40):
1- The technical test of the plant variety shall be performed in the nearest
suitable time for germination.
2- The applicant shall provide the Authority or the entity it designates with
the information and test materials in sufficient time prior to the date of
germination. The Authority shall determine the specifications of the samples
for the purpose of conducting the test in accordance with the instructions
relating to each plant variety.
3- The material provided by the applicant for the purpose of testing shall not
have been subjected to any special treatment, unless specifically required by
the Authority.
4- For the purpose of applying the provisions of Article 58(d) of the Law, the
Authority may take samples of the plant variety from the local market.
The denomination mentioned in the application for a plant patent shall be
published if it meets prescribed conditions. Any person with interest may
object to the denomination within three months from the date of publication.
Rejection and Cancellation of Denominations
satisfy the prescribed conditions, the
to provide an
2- If the denomination does not
applicant shall be notified thereof and given three months
alternative denomination. If he fails to do so or the alternative denomination
turns out not to be in accordance with the prescribed conditions, the application
shall be rejected. If the denomination is accepted, it shall be registered and the
previous denomination shall be cancelled. A note to this effect shall be
published.
3- The applicant must change the denomination provided by him within three
months if it is proven to infringe upon a trademark or the like.
4- If a denomination for the variety is used, proposed or registered in the
Kingdom or any other country, such denomination shall always be used when
dealing with the Authority, unless such denomination is rejected.
5- Any person who offers for sale the propagation material of a protected
variety, sells or markets it by any other means shall use the denomination of
that variety. This obligation shall remain valid even if the right in the plant
patent expires. A trademark, trade name or the like may be combined with the
registered denomination of the protected variety when marketing or
displaying it, if the denomination is easily identifiable.
Article (42):
1- Registration of the denomination of a plant variety shall be rejected if:
A- It does not comply with the provisions of Paragraph 1 of Article 21 of these
Regulations.
B- It is not suitable for identifying the variety, especially due to lack of
distinctness or linguistic appropriateness.
C- It is contrary to Sharia or it violates public norms.
and data that may be used in the sector of
varieties and seeds to determine species, quality, quantity, purpose, value,
D- It consists solely of marks
geographical origin or period of production.
E- It is misleading or causes confusion as to the characteristics of the variety,
its value, or geographic origin, or as to the links between the variety and
individuals, especially the plant breeder or the applicant.
F- It is identical or confusingly similar to a suggested denomination in the
Kingdom or any other country, for a previous variety of the same species or of
a species strongly related thereto, unless exploitation of the previous variety
has ceased.
2- The denomination shall be cancelled if it violates any provision of the Law
or these Regulations. The Authority shall notify the applicant or the holder of
the plant patent of the cancellation decision, and he shall be required to propose
a new denomination. Procedures provided for in Article 41 of these
Regulations shall apply.
Article (43):
1- The Authority may, in the course of conducting the substantive
examination of the applications submitted thereto, make use of search reports,
substantive examination reports and protection documents issued by patent
offices.
2- The Committee may request the Authority to expedite the examination of
a protection application at the request of the applicant claiming that there is an
infringement or imminent infringement of the subject matter of protection. The
applicant shall provide the Committee with documents supporting his request
to expedite the examination as well as any other documents required by the
Committee to prove that his claim is genuine.
violate the
belonging to
The Authority shall notify the applicant of the result of the substantive
Article (44):
1-
examination, including the report of the first substantive examination. The
applicant shall submit to the Authority amendments to the application that are
in line with the report, and if he disagrees with any item in the report, he shall
provide justification.
2- If the Authority is satisfied with the amendments or justifications
submitted by the applicant, it shall proceed with granting procedures. If
unsatisfied, it shall notify the applicant with the results of the second
substantive examination report, and the applicant shall submit to the Authority
amendments to the application that are in line with said report If the applicant
disagrees with anything in the report, he shall provide justification. If the
application has been previously disclosed or pertains to a subject excluded
from protection, the Authority may adopt the report of the first substantive
examination and issue a decision rejecting the application.
3- If the Authority is satisfied with the amendments or justifications provided
by the applicant, it shall proceed with the granting procedures; otherwise, it
shall issue a decision rejecting the application.
4- The applicant shall respond to any notifications addressed to him by the
Authority within three months from the date of notification. Failure to do so
shall result in rejection of the application.
Article (45):
The Authority may verify that the industrial design is novel and does not
provisions of Article 4 of the Law, nor includes trademarks
others, proper names or official insignias, based on the
information provided by the applicant.
8– Grant Date
9–
country)
Chapter 6
Provisions for Grant, Rejection and Invalidation
Article (46):
1- Upon ascertaining that the protection application satisfies prescribed
conditions, the Authority shall notify the applicant and require him to pay the
grant and publication fees within a period of three months. Upon payment, the
Authority shall issue the protection document and publish a note to this effect
in the Gazette. If the applicant fails to pay within the specified period, the
application shall be forfeited.
2- If the Authority finds that the protection application does not satisfy the
prescribed conditions, it shall reject the application, providing grounds
therefor. The applicant shall be notified of said decision, which shall be
published in the Gazette.
Article (47):
A- The first page of the patent document shall contain, at least, the following:
1– Name of the Inventor
2– Name of the Patent Owner
3– Address of the Patent Owner
4– Name of the Agent
5– Application Number
6– Filing Date
7– Patent Number
Priority Information (application number, priority date, and priority
C-
following:
10– Publication Number and Date
11– International Patent Classification (IPC)
12– Cited Documents
13– Title of the Invention
14– Abstract
15– Examiner’s Name
B- The first page of the layout design certificate shall contain at least the
following:
1– Name of the Design Creator
2– Name of the Certificate Owner
3– Address of the Certificate Owner
4– Name of the Agent
5– Application Number
6– Filing Date
7– Certificate Number
8– Grant Date
9– Date and Place of First Commercial Exploitation
10– Title of the Design
11– Brief Description
12– Design Drawings
The first page of the plant patent document shall contain at least the
1– Name of the Plant Breeder
2– Name of the Patent Owner
3– Address of the Patent Owner
4–Name of the Agent
5–Application Number
6– Filing Date
7–Patent Number
8– Grant Date
9– Priority Information (application number, priority date, and priority
country)
10– Names of Genus and Species
11– Common or Commercial Name
12– Abstract
13– Examiner’s Name
D- The first page of the industrial design certificate shall contain at least the
following:
1– Name of the Designer
2– Name of the Certificate Owner
3 – Address of the Certificate Owner
4 – Name of the Agent
5 –Application Number
6 –Filing Date
7 –Certificate Number
8 –Grant Date
Provisions of Invalidation
Provisions of Resumption of Patent Application Procedures
Priority Information (application number, priority date, and priority9 –
country)
10 – Number of Designs
11 – Technical Information
Article (48):
Bases for invalidating a protection document wholly or partially shall be as
follows:
1- For patents: violation of the provisions of Articles 4, 43, 44 and 45 of the
Law, and Article 14(4) of these Regulations.
2- For certificates of layout designs: violation of the provisions of Articles 2,
4, 49 and 50 of the Law.
3- For plant patents: violation of the provisions of Articles 4, 54 and 55 of the
Law.
4- For industrial design certificates: violation of the provisions of Articles 2, 4
and 59 of the Law and Article 45 of these Regulations.
The Committee shall notify the Authority of any final decision invalidating a
protection document upon issuance for registration and publication.
Chapter 7
Provisions of Resumption of Patent Application Procedures and Extension
of Deadlines
Article (49):
1- For applications rejected or forfeited as a result of the applicant’s non-
compliance with the requirements for such application within the prescribed
period due to circumstances beyond his control, the applicant may request
resumption of the application procedures in the following manner:
Provisions of Deadline Extension
petition for resumption of the application
procedures within two months after the reasons for non-compliance cease to
1-
the designated form.
2-
A- Filing with the Authority a
exist or twelve months after the decision issuance date, whichever expires first.
B- Enclosing reasons for non-compliance with the requirements within the
prescribed period and establish that non-compliance was unintentional or due
to circumstances beyond his control in spite of exercising due diligence.
C- Payment of appeal fees.
2- Upon accepting the reasons and justifications of the appeal, the Authority
shall notify the applicant thereof. The applicant shall satisfy the requirements
within a month from such notification, upon which application procedures
shall resume.
3- If the Authority rejects the reasons and justifications of the petition wholly
or partially, it shall notify the applicant of the potential rejection decision. The
applicant may provide comments concerning the potential rejection within one
month form the date of notification.
4- Petition fees may not be recovered if the petition is rejected.
5- The applicant may not file another petition for the same procedure.
Article (50):
If the applicant is unable to satisfy the requirements within the prescribed
period, he may file a petition to extend the prescribed periods provided for in
the Law and its Implementing Regulations for two additional months from the
expiry of the original period, except for the period prescribed for payment of
annual fees, subject to the following conditions:
Filing the petition prior to the expiry of the original prescribed period using
Payment of extension application fees.
1-
patentable subject
3-
4-
Extension application fees may not be recovered in case of rejection.
The applicant may not file another petition for the same prescribed period.
Chapter 8
Provisions of Infringement and Exploitation
Article (51):
The following shall not be deemed infringement on a patent:
1- Use of means subject of a patent aboard ships of other countries of the Paris
Union, whether in the body of the ship, or its machines, equipment or in any
parts thereof when the ship temporarily or incidentally enters the Kingdom's
territorial waters, provided that such use is limited to ship needs.
2- Use of equipment subject of a patent in the construction or operation of air
or land vessels, or their spare parts, belonging to another country of the Paris
Union, when such vessels enter the Kingdom temporarily or incidentally.
Article (52):
An application for compulsory license filed by any government agency to
exploit an invention shall include a statement of public interest justifications.
Such justifications shall be stated in the decision granting the license.
Chapter 9
National Security-Related Applications
Article (53):
Procedures for applications relating to national security shall be as follows:
Each government employee, whether military or civilian, who discovers a
matter relating to national security in the course of
performing his duties shall assign the same and all benefits resulting therefrom
to the relevant government agency upon its approval.
Any person, other than the above mentioned, who discovers a patentable
subject matter related to national security shall assign the same and all benefits
8-
2-
resulting therefrom to the relevant government agency upon its approval. Said
agency shall pay the person a fair compensation.
3- Any person who assigns the above-mentioned rights to the relevant
government agency in application of the two preceding paragraphs and all
persons who are aware of the assignment shall keep the patentable subject
matter and assignment confidential, and not disclose the same except to
authorized persons.
4- The relevant government agency may, upon obtaining the necessary
assignment, apply to the Authority for a protection document and enclose with
the application a request to keep the application confidential. Authority shall
apply regular procedures in processing the application and shall undertake not
to publish information thereabout.
5- The application, specification, drawings, amendments, protection
document and any copy thereof shall be kept in a sealed and stamped file, to
be at the disposal of the relevant government agency throughout the term of
protection. It may be opened only by the relevant government agency or by its
order.
6- Contents of the sealed and stamped file may not be published or accessed
by others under any circumstances.
7- The sealed and stamped file shall be delivered at any time during the term
of protection to any person at the request of the relevant government agency.
Said file shall be sealed and stamped upon its return.
The sealed and stamped file shall be sent to the relevant government
agency upon expiration of the protection period.
1-
An application to invalidate a decision granting the protection document
in accordance with this Article may not be processed except with the approval
9-
of the relevant government agency.
10- An action for infringement on such patents may not be filed.
11- Correspondences with the relevant government agency in connection with
a patent relating to national security for examination of the subject matter of
protection as well as actions taken by the agency for such purpose shall not be
considered disclosure or use, and shall not affect the entitlement to the
protection document.
12-When the Authority decides that a protection application relates to national
security and is not assigned to a relevant government agency and that it shall
not be published for national security purposes, he may order that such
application be treated as if it was assigned to the relevant government agency.
Chapter 10
Committee-Related Provisions
Article (54):
Correspondences with the Committee shall be addressed directly to its
Chairman at the designated address.
Article (55):
Actions shall be submitted to the Committee by a petition of one original and
a number of copies equal to the number of litigants, to be delivered to the
Secretariat of the Committee or by any other manner acceptable to the
Committee provided it includes the following:
The plaintiff’s full name, profession or position, place of residence, number
of his identification document as well as date and place of issuance, address
including P.O. Box, telephone number, fax number, commercial name and any
same applies to hisother means through which he may be reached. The
representative, if any.
2- The defendant’s full name, profession or position, place of residence,
address including P.O. Box, telephone number, fax number, commercial name
and any other means through which he may be reached.
3- Statement of the subject matter of the action.
4- Legal grounds and supporting evidence.
Article (56):
The notice along with a copy of the claim shall be delivered to the defendant’s
address. The notice shall be in an original and a copy. In case of multiple
defendants, the number of copies shall be equal to their number. The notice
shall contain the following:
1- Subject and date of the notice.
2- The plaintiff’s full name, profession or position, place of residence, and the
full name of his representative, his profession or position, and place of
residence.
3- Full name of the person served, his profession or position, and place of
residence.
Article (57):
Litigants shall be notified of the actions filed with the Committee as follows:
1- A copy of the notice shall be delivered to the person to be served at his
place of residence or place of work, if any; otherwise, it shall be delivered to
any person found at his place of residence who resides with him. If no one is
found or the person found refuses to receive the notice, it shall be delivered to
the Umdah of the district or the police station, as the case may be.
As for government agencies, the notice shall be delivered to the heads or2-
deputies of said agencies.
3- As for companies and private establishments, the notice shall be delivered
to one of the joint partners, the board chairman or their designees, or the owner
of the private establishment or his designee.
4- As for foreign companies with a branch or an agent in the Kingdom, notices
shall be delivered to the manager of the branch or the agent.
5- As for persons residing outside the Kingdom, they shall be notified through
the Ministry of Foreign Affairs. In this case, it is sufficient to receive a response
indicating delivery of the notice.
6- As for military personnel and employees of military agencies, notices shall
be delivered to their place of work.
7- As for prisoners, notices shall be delivered to the prison warden.
The notice shall be valid if it is delivered to the person to be served even in a
place other than his place of residence or work. In all cases, the notice may be
delivered by registered mail, and such notification shall be legally effective.
Article (58):
The Committee shall notify the Authority of all decisions issued regarding
actions filed therewith.
Article (59):
The Committee may, immediately upon filing the petition, take precautionary
and provisional measures against the defendant, provided the plaintiff
provides guarantees acceptable to the Committee to protect the defendant’s
right in case the claim is not proven.
“Receiving Office”.
If the Committee decides to seek the assistance of experts, it may order any of
Article (60):
the litigants to deposit, within a certain period of time, a sum equal to the
estimated expenses of experts by a check certified by a licensed bank in the
Kingdom. If said litigant fails to deposit the sum within the time specified by
the Committee, the other litigant may deposit this sum without prejudice to his
right of recourse against his opponent if the case is decided in his favor.
Chapter 11
Provisions for Applications Filed Pursuant to the Patent Cooperation
Treaty (PCT)
Article (61):
The Authority shall assume the duties of the application “Receiving Office" in
accordance with the provisions of PCT and its Regulations.
Article (62):
International applications received (filed) by the Authority shall be processed
in accordance with the provisions of PCT and its Regulations.
Article (63):
If the Kingdom of Saudi Arabia is appointed for protection and the application
enters into the national phase, it shall be subject to the Law of Patents,
Integrated Circuit Layout Designs, Plant Varieties and Industrial Designs and
its Implementing Regulations.
Article (64):
If the Kingdom of Saudi Arabia is appointed for protection and the application
enters into the national phase, the approved date of filing the application in the
Kingdom shall be the date of receiving the international application by the
If the Kingdom of Saudi Arabia is appointed for protection and the application
Article (65):
enters into the national phase, an annual fee shall be due for the application as
of the date of international filing. The applicant shall pay the fees for previous
years at the date of the first due fees. In case of non-payment within the period
specified by the Law, due fees shall be doubled.
Chapter 12
Concluding Provisions
Article (66):
Necessary amendments to these Regulations shall be issued by board of
directions.
Article (67):
Provisions of these Regulations shall enter into force thirty days following
publication in the Official Gazette.
A table of the expenses stipulated in these regulations
No A statement of the required financial
expenditures
Individuals Institutions
1 Seek correction or addition of precedence 400 800
2 Petition to return the application process 1000 2000
3 Seek extension of time limit 300 600
*In Saudi riyals