Patent Law Algeria
Ordinance No. 03-07 of July 19, 2003 relating to patents for invention.
Filing Requirements for Algerian patent:
National Patent Application
1. A Power of Attorney legalized and notarized
for each application.
2. The name, address, nationality and profession or nature of business of the applicant and the inventor(s).
3. A simply signed deed of assignment, if the applicant is not the inventor.
4. A summary of the invention (about 100 words) in French and Arabic.
5. Three copies of the specification and claims in French and Arabic.
6. Three sets of the formal drawings, if any.
7. A certified copy of the priority document for a convention application, if claimed.
Algeria PCT Applications:
1. A Simply Signed Power of Attorney POA for each application.
2. The name, address and nationality of the applicant and the inventor(s).
3. A copy of the international publication.
4. Two copies of the specification and claims in Arabic.
5. Two sets of the formal drawings in Arabic, if any.
6. A copy of the international search report.
7. A copy of the international preliminary examination report, if any.
Algeria Patent Registration Procedure
* The first step, is the filing, must be made in the form of a request to INAPI in Algeria.
* Once a patent application is filed, it is examined as to unity, form and novelty.
* The inventor's request must be explicit, along with a description of the innovation to which is added the certificate of payment of taxes. Note that via this request, it will be possible for the inventor to formulate one or more claims aimed at best protecting his innovation.
* The Patent is published in the Official Bulletin.
* Once your request has been submitted, it will be examined by INAPI. If a condition is lacking, the applicant is authorized to regularize his application within two (2) months.
* The granting of the innovation patent represents the last and final stage of the process. Thus, the applicant will benefit from a certificate after examining the conformity, reliability and accuracy of the innovation.
A patent is valid for 20 years starting from the national filing date of the application. Such validity is subject to the payment of the prescribed annual fees.
Annuities are to be paid counting from the national filing date. A 6-month grace period with a fine is allowed for late payment of the annuity.
In the event that the owner of a patented invention in Algeria does not satisfy the stipulated working requirements of the country within 4 years as of the date of filing, or 3 years from the grant, the patent will be subject to compulsory licensing under the provisions of the law.
Importance of patented articles is not considered a sufficient working requirement. The rights conferred by a patent on the registered patentee expire on the lapse of the protection period as prescribed by the law, lawful assignment of the patent rights, final court decision to this effect, or non-payment of a due annuity within 6 months after the respective due date. Infringement of the rights of a patentee is punishable under the provisions of the current patent law.
Trademark Law of Algeria
Legal basis is the Decree No. 03-06 of July 19, 2003, in force since August 2, 2005.
Trademark protection is obtained by registration.
It can also be acquired by sufficient public recognition. However, to the Algerian law the trademark cannot definitely be protected without registration. Even for notorious trademarks and well-known ones, the Algerian legislation is not precise regarding their protection without registration.
Algeria is a member of the Paris Convention for the Protection of Industrial Property and the Madrid Agreement Concerning the International Registration of Marks.
Algeria is a member of Madrid Protocol relating to the Madrid Agreement since July 31, 2015.
Nice classification, 11th edition. Multiple-class applications are possible. The International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement is followed in Algeria and the revision of class 42 with the creation of classes 43 to 45 has been adopted as of January 1, 2002. An application may include goods and/or services in any number of classes against payment of an additional fee to cover the additional classes.
Algeria Filing Requirements for Trademark/Service Mark Applications
1. A simply signed Power of Attorney for each application in French.
2. A list of the goods/services to be covered by the application.
3. The name and address of the applicant.
4. A certified copy of the priority document.
* It must be submitted within a period of six (6) months, in case it is claimed.
Algeria Trademark Registration Procedure
* The application is filed at the Algerian Institute of the Intellectual Property (INAPI).
* Once a trademark application is filed, the filing certificate indicating the filing number and the filing date is issued within approximately a week.
* Trademark applications are examined as to their Registrability against prior registrations. As well the examination process includes a formal examination by the Algerian Institute of the Intellectual along with an examination of distinctiveness (absolute grounds) and search for prior trademarks (relative grounds).
* Not provisions for TM Opposition. However, opposition procedures are handle by competent court only (Cancellation).
* The certificate of registration is issued upon completing all the filing requirements.
* Trademarks a re-published after registration and there is no provision for filing opposition to the registration of a mark.
The processing time from first filing to registration is approx. 12 to 15 months in a smooth procedure.
According to Trademark Law No. 03-06 of 2003, a trademark registration is valid for 10 years as of the filing date of the trademark application, and it is renewable for periods of 10 years, each upon application and payment of the prescribed renewal fees. A grace period of 6 months is allowed for late renewal of a trademark registration against payment of a fine.
Use of trademarks in Algeria is not mandatory for filing applications neither for registrations nor for maintaining trademark registrations in force. However, a trademark registration is subject to cancellation on the strength of a court decision obtained to this effect by any interested party.
A cancellation action relies basically on establishing sufficient grounds that the trademark in question has not actually been used seriously for a period of 3 years after filing the application, or if the use ceases for more than 3 years. Any infringement or unauthorized use of a registered trademark is punishable under the provisions of the current law.