Patent
Kuwaiti Law no. 71 of 2013 is the GCC Patent Law and the Kuwaiti Law no. 115 of 2016 is the regulations implementing the GCC Patent Law. Therefore, the Kuwaiti Patent Law and regulations which are in force as of April 4, 2016 are the GCC Patent Law and its Implementing Regulations, respectively.
Furthermore, the Kuwaiti Patent Office has stopped accepting new patent applications as of April 4, 2016 and is advising parties interested in seeking patent protection in Kuwait to utilize the GCC regional patent office. GCC patent applications automatically designate all six GCC member countries, and upon grant, do not require validation in each of the member states to be effective and enforceable in these states.
Kuwait recently issued a law (Law no. 11/2016) paving the way for the country’s accession to the PCT, we expect more news to come out of the country with regards to its patent system
Expected Summary of requirements for entry into the national phase
Time limits applicable for entry
Under PCT Article 22(1) 30 months
National phase:
Under PCT Article 39(1) 30 months
Translation of international application required into:
Arabic
Required contents of the translation for entry into the national Phase
Under PCT Article 22: Description, claims (if \ amended , both as originally filed and as amended, together with any statement under PCT Article 19), any text matter of drawings, abstract
Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)
Is a copy of the international application required?
Yes
National fee:
Currency: Kuwaiti dinar (KWD)
Filing fee:1 KWD 150
Exemptions, reductions or refunds of the national fee:
None
Special requirements of the Office (PCT Rule 51bis):
Name and address of the inventor if not indicated in the “Request” part of the international application2, 3 Declaration as to the applicant’s entitlement to apply for and be granted a patent2, 3 Declaration as to the applicant’s entitlement to claim priority of the earlier application2, 3 Document evidencing a change of name of the applicant if the change occurred after the international filing date and has not been reflected in a notification from the International Bureau (Form PCT/IB/306)2 Representation by an agent if the applicant is not resident in Kuwait2 Instrument appointing the agent (authorization or power of attorney)2
Who can act as agent?
Any patent attorney or patent agent registered to practice before the Office, or any person legally qualified to practice before the Office
Does the Office accept requests for “due care” restoration of the right of priority (PCT Rule 49ter.2)?
Yes, the Office applies both the “unintentional” and the restoration of the right of priority
Does the Office accept requests for “due care” restoration of the right of priority (PCT Rule 49ter.2)?
Yes, the Office applies both the “unintentional” and the restoration of the right of priority
- Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
- If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit of 90 days from the date of receipt of the invitation.
- This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
