The formal and substantive requirements that must be met by patent applications in Saudi Arabia are outlined in this article. Additionally, it indicates what is not eligible for registration as a patent in Saudi Arabia.
Formal requirements
The following are the formal requirements for a patent application:
- A specification outlining the following information must be used to describe the application:
- an explanation of the technical field;
- a description of the prior art (ie, any prior inventions);
- an explanation of the invention, which is understandable to a person who has ordinary skill in the art (ie, technology);
- a preferred method of use or details of the industrial application of the invention; and
- a brief description of the drawings (if any).
- At the time of submission, all applications must be submitted in Arabic. Therefore, prior to filing, preparation must be done in sufficient time to have the specification, claims, and drawings (if any) translated. Once the whole application (i.e., with all translations) has been completed, applications will only obtain a filing date. While it is possible that the Patent Office will occasionally accept applications to be submitted in languages other than Arabic, this is not the standard and should not be depended upon.
- A power of attorney is required if the application is being filed by a representative. If the representative agrees to file without the power of attorney, this may be filed within 90 days after the date of filing (some law firms will not agree to this).
- A deed of assignment is required if the application is being filed by someone other than the inventor. Within 90 days following the filing date, this may be submitted.
- If the application is being submitted on behalf of a business, one of the following documents must be provided in certified copy:
- a commercial registry extract;
- a certificate of incorporation; or
- the company’s memorandum of association, showing or evidencing the basis of the incorporation.
- A certified copy of the priority document must be provided if the applicant is claiming the benefit of a previously filed patent application. Within 90 days following the filing date, this may be submitted.
The Saudi Arabian Patent Office will charge a late fee for processing any supporting documents that are submitted after their due date.
Substantive requirements
“Substantive requirements” relate to the requirements that must be met in order to be eligible for registration as a patent. The following are the substantive requirements for a patent application:
- The invention must be:
- be new;
- involve an inventive step; and
- be capable of industrial applicability.
- The invention may be a product, an industrial process or related to either thereof.
- Registration of integrated circuit design may be applied for if the design has not yet been commercially exploited or has been commercially exploited for no more than two years anywhere (ie, worldwide).
- Plant varieties shall be patentable if they:
- are new, distinctive, homogenous and consistent; and
- have a name.
- Industrial model certificates shall be granted if the model is new and has characteristics that distinguish it from known industrial models.
What cannot be registered as a patent in Saudi Arabia?
The following won’t receive patent protection in Saudi Arabia:
- inventions that violate Shari’ah law or concepts (in practice, therefore, it is important to obtain legal advice in this respect early);
- inventions that are harmful to life or human, animal, or plant health, or that are substantially harmful to the environment;
- discoveries, scientific theories, and mathematical methods;
- schemes, rules, and methods of conducting commercial activities, exercising purely mental activities, or playing a game;
- plants, animals, and processes – which are mostly organic – used for the production of plants or animals, with the exception of micro-organisms and non-organic and microbiological processes; and
- methods of surgical or therapeutic treatment of the human or animal body and methods of diagnosis applied to human or animal bodies, with the exception of products used in any of these methods.
You can find the list of Saudi Arabia IP Firms here.