Saudi Arabia Patents

Filing Requirements:

1. Power of attorney, legalized.

2. 1 copy of the specifications in English with 3 copies of the Arabic translation.

3. 3 sets of drawings in Arabic and 1 in English.

4. Deed of assignment from the inventor(s), legalized.

5. Copy of priority document, if priority is claimed, certified.

* Items 2 and 3 must be submitted at the time of filing.

* Document 1, 4, and 5 may be submitted within 3 months from filing date.

Opposition:

Decisions to grant a patent are published in the Patent Official Gazette. Oppositions may be filed within 90 days from publication date.

Search:

An unofficial search among granted and published patents is possible by patentee name, title, and subject matter.

Examination:

As to form, novelty, inventive step and industrial applicability.

Annuities:

A maintenance fee is due annually on patents and is payable the first 3 months of each calendar year following the year the patent application was filed. There is a 3-month grace period for late payment with a surcharge.

Protection Term:

The term of protection is 20 calendar years from filing date.

Compulsory License:

A patent has to be worked. If the patent is not being fully exploited by the patentee within 4 years from the date of filing or 3 years from the date of grant then the patent will be subject to compulsory licensing under the provisions of the law.

Novelty Requirements:

Absolute novelty is required. However, disclosure of the invention without the knowledge or the consent of the applicant shall not be taken into consideration if it occurred within the 6-months preceding the filing date of the patent application. Also, disclosure in an official or officially recognized national/international exhibition shall not be taken into consideration if it occurred within the 12-months preceding the filing date of the patent application.

Special Protection Rights:

Divisional Patents.

Application Workflow:

A formal examination is conducted first. If the requirements are not fulfilled, the applicant will be notified and will be given a period of 90 days to complete the application. Upon fulfillment, the application will proceed to substantive examination. The examiner will assess the application for patentability (novelty and industrial applicability). If the claimed invention is not patentable, the applicant will be requested to present the counter-arguments within 90 days from notification date. If the claimed invention is patentable, the applicant will be requested to settle the grant and publication fees. Accordingly, the letters patent will be issued and the decisions to grant the patent will published in the Patent Official Gazette for opposition purposes.