Iraq Patent Overview
Iraq is not part of the PCT.
Power of attorney duly legalized by the Iraqi Consulate. The power of attorney must be sealed and sealed by the applicant's company.
Eight copies of specifications, claims and drawings in English and Arabic.
Certified copy of the priority document legalized by the Iraqi Consulate in case priority is claimed.
Deed of assignment of the required inventor (s) legalized by the Iraqi Consulate in case the applicant is not the inventor himself
Once an application for the grant of a patent is filed, it is examined for compliance with the formalities and patentability provided for in the Patent Law. The Patent Office may require the modifications that are necessary to bring the application into conformity with the law. In the event that the applicant does not comply with the requirements of the Patent Office within a given grace period as authorized by the Registrar, a patent application will be treated as waived.
Patent applications are carefully examined for the content and novelty of the invention. Once an application is accepted, the grant decision will be published, after which the corresponding patent letters will be issued. Patent letters take at least 2 to 3 years to issue after the usual acceptance process, and this involves additional costs for the applicant. Annuities must be paid each year on the anniversary date of completing the corresponding file at the Patent Office with the required documents. However, payment of annuities cannot be made to the Patent Office, except after the patent is granted.
In Iraq, patent are valid for a period of 20 years from the date of the initial filling. In order to keep the patent valid for 20 years an annual fee need to be paid.
Iraq Trademark Overview
Iraq is member of the Paris Convention for the Protection of Industrial Property. Trademarks are ruled by the law No. 80 issued on April 25, 2004 named " Trademark and Geographical Indications Law"
Iraq uses the priority convention following a Multi-Class application system. The classification for goods and services is a local classification but it is similar to the international "NICE" classification. Each additional class might required additional government fees.
The use of trademarks in Iraq is not mandatory to file registration applications or to maintain trademark registrations current. However, the registration of a trademark is vulnerable to cancellation on the basis of a judicial decision obtained for this purpose by any interested party. A cancellation action is basically based on establishing sufficient reasons why the mark in question has not been really used seriously for a period of three consecutive years. Consequently, the registration of a trademark is canceled unless the owner demonstrates that the non-use of the trademark was for reasonable reasons that the court approves.
Trademark Registration Process
Once the application is filed, it is queued for examination regarding the registration of the trademark. The applications accepted by the Registrar are published in three consecutive issues of the Official Gazette. There is a 90-day period to file an opposition by any interested party. In the absence of opposition, the registered trademark is registered and the registration certificate is issued. The trademark registration process could take between 24 to 20 months .
Trademark registration in Iraq are valid for 10 years. They can be renew every 10 years from the date of the filling. There is a 6 month grace period after the expiration date in order to renew the trademark.