The GCC patent 51 THE PATENT LAWYER THE PATENT nths time to reply and/or comply reply nths time to ossible nor necessary. No further No ossible nor necessary. ntable. Scientific theories, mathematical Scientific theories, ntable. consulates ofconsulates the member states. the certificate of duly legalized. incorporation, duly legalized. deed, abstract. drawings, claims, description, title, translation. The substantial examination is assigned to the Australian, Austrian, Australian, is assigned the The substantial examination to and computer- pharmaceuticals, processes, Microbiological The term of protection is 20 years. There are, however, no however, are, There ofThe term years. is 20 protection Cooperation Treaty a member of is the GCC Neither the Patent are: General filing requirements itselfThe Office case of In carries any out a formal examination. objections, the applicant has three mo the applicant has three objections, Otherwisetherewith. the application will be deemed lapsed. Office. or Chinese Patent Swedish, Requirements the invention standards: the international follow The requirements it must and industrially however, applicable; inventive be new, must the principles to of Shariah. not be offensive the Islamic pate are inventions implemented The GCC patent their states; all member to extends automatically The GCC patent individual selection is neither p formalities be effectuated. must for recognition Certificates. Supplementary Protection Convention. (PCT) or the Paris • one of by notarized and legalized the six of attorney, Power • of or certified register copy Certified the commercial extract from • of certified copy the assignment If the applicant is not the inventor: • of a certified copy If the priority one exists, application. • of copies Three the application structured in the following order: •Arabic or in EnglishArabic with be filed in The application may Adepts ofAdepts the desert the wide very that between well sky and know of 15 years later? experience today, we are So where And with the GCC PTO, more than 27,000 patents have been filed! have than 27,000 patents more withAnd the GCC PTO, including 30 90 people, around currently employs The PTO The official flag of the Gulf Cooperation Council. The Council. The Cooperation official flag of the Gulf Merciful, the Most the name of Allah, “In inscription reads: the Dispenser for the Council - The Cooperation of Grace of the Gulf”. States Arab course, we refer to the regional IP organization known as the to refer we course, GCC PTO. the only in 1987, on its own dimension: time takes the endless sands, Convention the GCC Patent in 1992, was set up; law first patent 3, on October finally, established; the GCC PTO signed; in 1998, application was filed. the first patent 1998, CTC Legal Media CTC Legal The GCC has developed into the most important economic player in the most important player into economic The GCC has developed without Even region. Africa (or MENA) East and North the Middle the Yemen, and Morocco, Jordan, Iraq, enlargement to the envisaged or 50% of oil, for over the OPEC current GCC members account nominal gross their combined 16.5% of production; the world US$ 1,500 billion. equals ca. domestic product most important The ten filing countries are: • USA, • Netherlands, • UK, • Switzerland, • Arabia, Saudi • France, • Germany, • Japan, • and Belgium, • Italy. to all applications have no local branches, are there Since examiners. then additionally first electronically, with be filed directly the Office: is mandatory). in paper form (this sequence State of play CTC Legal Media CTC Legal ” The term of protection is 20 years. no There are, however, Supplementary Protection Certificates. Neither is the GCC a member of the Cooperation Treaty Patent (PCT) or the Paris Convention. Oman, Qatar, Saudi Arabia, and the United Arab Emirates. and the United Arabia, Saudi Qatar, Oman, against meant as a political stronghold being from Apart significantly the Council the uprising neighbor states, focusing on the right the start, its interest from fostered as a of Plans such development economic its members. initiatives fellow like currency came up but, common as transforming(such a full confederation), the GCC into On the other hand, see the light. still waiting to are did make less ambitious projects no means some by of a reality: context, become in the present it to between the six founding members: Bahrain, Kuwait, Bahrain, the six founding members: between “ . The Little Prince, The Little n his timeless masterpiece always “I have de Saint-Exupéry Antoine meditates: One sits down on a desert the desert. sand loved And even today, more than 70 years after this classic after than 70 years more today, even And A hidden treasure, the Gulf Cooperation Council patent is A hidden treasure, the according to Jan Wrede. just waiting to be discovered, Cooperation Council (GCC) was established in Abu Dhabi Abu (GCC) was established in Cooperation Council I The GCC The patent dune, sees nothing, hears nothing. Yet through the through Yet hears nothing. sees nothing, dune, and gleams ...” throbs, something silence one can find little gems in the desert,tale was written, which the Saudi capital, Riyadh, in today’s precisely more Office the Gulf Patent is home to Cooperation Council when the Gulf all started back in 1981, It (GCC PTO). THE PATENT LAWYER THE PATENT currently serves as Vice-Chairman of the GeographicalVice-Chairman Committee. Indications currently serves as Résumé Associates & Dennemeyer of Director Dubai office, Wrede, Jan an international ofAssociates, heads the Dubai office & Dennemeyer Jan With with offices. worldwide firm in Luxemburg headquartered IP law & Design and a Trademark at Law Attorney as an experience vast practice of his areas expertise trademark include filing and prosecution, Attorney, unfair labeling, IP contracts, anti-counterfeiting, portfolio management, and IP litigation. names, domain geographical indications, competition, he where Committees, and ECTA a member of has been He INTA several 50 The GCC patent GCC The The GCC patent 53 US UAE Q Q ROMANIA Discover more: CROATIA CROATIA Q Q THE PATENT LAWYER THE PATENT JAPAN JAPAN and offices worldwide. Q POLAND Q www.dennemeyer-law.com in the following areas of IP law: areas in the following AUSTRALIA GERMANY Q We provide the full range services the of legal provide full We We look at look We Benefit from working withBenefit from own dedicated your names, IP contracts, licensing and recordals. licensing and recordals. contracts, IP names, Dennemeyer contact, by a team of experts backed every detail patents, trademarks, designs, copyrights, domain designs, trademarks, patents, LUXEMBOURG For more thanFor more on us. 50 years, our clients have been relying Sure, neither the Grievance Committee nor the national judges Committee neither the Grievance Sure, so it will of only be a matter perfect, the time until makes Practice to cover inventions for the whole region in one shot. This is truly region for the whole one shot. in inventions cover to of number in the growing simply filed: applications reflected applications have financial crisis, current past and each disregarding and unlike Moreover, ago. years ten to quadrupled compared already substantially are patents most of concerned, the national applications of spite In necessity the ofArabic Offices. experienced by examined carried which is de facto the examination out in English, translations, ofeases the understanding actions and the drafting of possible office replies. the US or find in Europe, one may that vast experience have yet may with and legal members, its technical the Committee, however, Japan; And, stage of already. an advanced quite be at knowledge to is proving be fully TRIPS- to is also bound the GCC system forget, not to compliant. expertise the hithertodesired unknown will into desert, find its way right sky and the glowing deep blue sand the star-spangled between prince, spot a young with a little luck, one may, where dunes, adult imagination… tedious any beyond values discussing life’s ” A special featureA special regards the patent in all GCC countries. the patent in English. available and whose reports are offices, experienced office the cradle (prosecution, of from the grave with, to the patent enforcement). licenses, annuities, nullities, oppositions, actions, the annuities, as these must be these must as the annuities, regardlesspaid, of the actual in the or priority date, filing of each Gregorianfirst quarter calendar year. CTC Legal Media CTC Legal • is usually done faster. The prosecution • lower. and attorney fees are annuity, official, The overall • The territorial is larger. scope • a clear rule. subject to Compulsory are licenses • of working The import is considered only one member state into • is carried which is performed, out by A substantial examination • dialogue to and one office is only one local representative There • The legal value is the same. Conclusions importance ofConsidering economic the growing the Gulf for a fantastic opportunity provides the GCC patent businesses, international “ CTC Legal Media CTC Legal It is also possible to ask for a compulsory cross-license for dependent ask for a compulsory is also possible to cross-license It ofpatents particular industrial importance. and economic or if fee is not paid. the license within years, two serious preparations to use it in just one member state would meet would serious it in just one member state use to preparations this requirement. fee. offering license a reasonable demand. This scheme is valid for two years after the termination of the termination after years the for two is valid This scheme Alternatively, a compulsory license may be granted a member to may a compulsory license Alternatively, Actual or imminent patent infringements can be heard before the infringements before or imminent patent be heard can Actual designate the other it is possible to the GCC and Kuwait, Unlike Licenses should be registered for a fee at the Office; a copy ofcopy a the for a fee at the Office; should be registered Licenses over maintains an anti-trust the GCC Office control addition, In the Board otherwise, within years, three be worked must The patent The employee may, however, be entitled to receive a special receive to entitled be however, may, The employee of if the law the country by the that is foreseen remuneration, where has been made. invention employment. • if itself it is by shall be revoked A compulsory not executed license This is only satisfy paramountinterests. national to in order state even on the other hand, but, possible against fair remuneration the expiry and before period, of three-year the aforementioned mandatorywithout prior any license. a regular offer for Infringement right the manufacture, with to respect an exclusive gives The patent and import or object obtained by of the invention supply, sale, use, use can be made for Fair manufacturing process. using a patented scientific purposes the GCC territory, or in case of to access a limited as on ships or aircrafts. such courts the location of of to corresponding the the member states however, So far, violation delicti). (presumed) (loci commissi aspect that still needs An place. take rarely infringement lawsuits the courtsclarification should deal with is how a defensive be to is possible that the trialhave It would for nullity. counterclaim ofsuspended pending the resolution this preliminary issue before courts ofArabia. the competent Saudi and the Arabia, Saudi Oman, Qatar, (Bahrain, member states five for the foreign applicant and provides, This surely via the PCT. UAE) of the advantage an – at least seemingly – tranquilizing its attorney, one should not disregard familiarity Nevertheless, with the system. ofthe indisputable advantages vis-à-vis national the GCC patent five applications: Patent attorneys, licensing and anti-trust attorneys, licensing Patent of the profession a patent governing regulations no fixed are There may in a GCC member state residing so practically anyone attorney, and act as an authorized license representative apply for a professional gently The foreign applicant is therefore the GCC Office. before known on practitioners in the field. predominantly rely advised to must also be filed in a GCC Consulate duly certified by agreement, the agreement is not met, If this requirement Arabic language. the parties. against third cannot be enforced all licenses. grant a compulsory on request, of of may, Directors the GCC PTO conditions: rather restrictive subject to however, This is, license. • also years; in the GCC for three be unused has to The patent • while tried obtain a license, in vain to have The applicant must • non-exclusive. The compulsory is always license • The compulsory is not transferable. license • market a concrete must be justified by The compulsory license • compensated. be adequately holder has to The patent •

e Office e be paid, h fine. the end of t nternational i tional i the first quarter of d d a es, as these mus es,

to the payment of an case, annuities may temporarily b , e ion. If three years pass without t e t up later all at once. Unlike in y a three-month grace period until ca nl li lendar year. This duty actually starts in the year ctual filing or priority in date,

The requirements follow ” rian ca o THE PATENT LAWYER THE PATENT reg G Decisions by the Grievance Committee may be challenged furtherbe challenged may Committee the Grievance Decisions by It is also possible to file for a nullity file for action at is also possible to withIt the Committee The patent is then published in the Official Journal, whereupon a whereupon Official Journal, is then published in the The patent Following the normal course of prosecution, the time required of the normal course Following prosecution, Again, in case of any deficiencies, the applicant has three months the applicant has three in case of deficiencies, any Again, The inventive step is measured in relation to an averagely skilled an averagely to in relation is measured step The inventive The concept of novelty is understood in an absolute sense. A prior of sense. in an absolute understood is The concept novelty Regarding employee inventions, it is to be noted that the employee be noted it is to inventions, employee Regarding It is possible to appeal against any such rejection such within months. three appeal against any is possible to It actice, there is o ch aving examined th a une; subject, of cours ollowing the app the international standards: the inventive invention must be new, and industrially applicable; it must not be offensive however, to the principles of the Islamic Shariah. 52 regardless ofregardless the a suspended and paid h pr J Annuities and employee inventions before the ordinarybefore courts of the member states. e f any time. any three-month opposition period begins. Any opposition is, again, is, opposition Any period opposition begins. three-month Committee. the Grievance before heard from application to grant is, on average, 36 months. average, on grant application to is, from The Grievance Committee considers appeals. The said Committee is The said Committee appeals. considers Committee The Grievance of consisting an independent body six legally and six technically GCC of a different two from each trained these coming members, depending on the circumstances decide, may The Committee state. majority. absolute or by majority, of with thirds a two the case, time to respond to the office action and to amend the patent, if amend the patent, and to action the office to respond time to of a maximum after up to times: place three This can take necessary. rejected. the application will be definitively that, technician of the respective field. The industrial applicability field. is based oftechnician the respective also handicrafts. and comprises concept on a broad publication during the year before the priority date, however, is priority the however, duringpublication before the year date, of on the occasion of the announcement as is the invention harmless, six months. the preceding in exhibition recognized an internationally theorems, computer programs as such, business methods, plant methods, business programs such, as computer theorems, and animal healing practices and human species, animal varieties, patentability. from excluded are diagnostic methods, The GCC patent GCC The A special feature regards the annuiti regards A special feature

has to assign their right to the patent as long as the invention stems assignhas to their right long as the invention as the patent to activity of or as a result ofout of their inventive-specific the context their employer. by funds or information) provided means (facilities, “