PATENTS
Egypt Patent Law
* Law no 82 of 2002, Book One pertaining to Patents, Utility Models, Layout Designs for Integrated Circuits, and Undisclosed Information
* Council of Ministers Resolution no 1366 of 2003, Regulations for implementing Law no 82 of 2002, Book One
* Egypt is a member of the Paris Convention, the PCT and the WTO/TRIPS. The deadline for entering the PCT national phase in Egypt is 30 months from the earliest priority date.
Language: Arabic (official language)
Patent Application Filing requirements in Egypt:
* full particulars of the applicant
* the name, address, nationality, and profession or nature of business of the inventor (not required for PCT national phase applications)
* power of attorney (legalised)
* deed of assignment (legalised) (not required if the Egyptian application is filed in the
* same name as the priority application/international application)
* specification (including claims, drawings and abstract), in Arabic
* certified copy of the priority document (if applicable)
* an extract of the entry of the applicant company in the commercial register, or a copy of the certificate of incorporation (not required for PCT applications).
Egypt Patent Registration Procedure
Filing
The patent application is filed at The Egyptian Patent Office (EGPO).
Examination
Applications for patents are subjected to both formal and substantive examination. The examination includes examination for novelty, inventive step and industrial applicability. If the invention fulfils the conditions for patentability, a notification of acceptance will be published in the Patents Gazette.
Opposition
Interested parties may oppose the application for grant of the patent within 60 days of the publication in the Patents Gazette. The notice of opposition must be filed with the patent office and must state the reasons for the opposition. Oppositions are examined by a committee established by the Law. The committee is headed by a judge of the Court of Appeal, who is assisted by an assistant judge and three experts. The committee must make a decision within 60 days from the date of filing the petition. Appeals from decisions of the committee can be filed with the Administrative Courts within 60 days of the decision.
Publication
Applications for patents are published twice: first for opposition purposes, and secondly on grant. No publication can take place within 12 months from the filing date, as applications are kept confidential for 12 months from filing. After publication for purposes of acceptance, applications become open to public inspection.
Duration
Patents are valid for a period of 20 years.
Annuities
The patent are subject to payment of annual maintenance fees. A 12 month grace period is available for payment of the maintenance fee, subject to payment of fines for late renewal.
Priority
If an application for a patent is filed in a member state of the World Trade Organisation or in a country which treats Egypt on a reciprocal basis, the applicant (or its successors in title) may, within one year of the filing date of the first application, apply in Egypt for a patent for the same invention. In such cases, the date of the first application shall be the priority date.
Patents of invention shall not be granted for the following in Egypt:
* inventions the exploitation of which may result in prejudice to national security, breach of public order or morality, or damage to the environment or the life or health of human, animal or plant.
* scientific theories and discoveries, mathematical methods, programmes and schemes.
* diagnosis, therapeutic and surgical methods for man or animal.
* plants and animals, whatever the level of rarity or peculiarity thereof, and biological processes for the production of plants or animals; with the exception of micro-organisms and non-biological and microbiological processes for the production of plant or animal.
* living organisms, organs, tissues, live cells, natural biological materials, deoxyribonucleic acids (DNA) and genomes.
TRADEMARKS
Egypt Trademark Law
Legal basis is the Intellectual Property Rights Law No. 82 of July 2nd, 2002, in force since June 2003, which replaces the Trademark Law of 1939.
Egypt is a member of the Madrid Agreement concerning the International Registration of Marks (Act of Stockholm of 1967) and a member of the Madrid Protocol.
Trademark protection is obtained by registration.
Classification
Nice classification, 11th edition. A separate application is to be filed for each class of goods/services. Multi-class application is applicable in Egypt, but such an application is not recommended due to the fact that delay of the registration in one class will delay registration in other classes, which is why this type of filing is rarely adopted, so we recommend filing a single application for each class.
Document required
A Power of Attorney authenticated by an Egyptian consulate is necessary.
Egypt Trademark Registration Procedure
The application is filed at The Egyptian Trademark Office (EGTMO).
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
Publication
After aproval the trademark is published in the “Official Gazette”.
National Opposition Period
The opposition period is 60 days from the date of publication in the Official Gazette.
Timeframe
The processing time from first filing to registration is approx. 18 to 24 months.
Duration
A trademark registration is valid for 10 years from date of application. It is renewable for an identical period or periods upon request of its owner.