Patent Law in Saudi Arabia
The legal basis is the Royal Decree No. M/27 on July 17, 2004 also known as Patents, Layout Designs of Integrated Circuits, Plant Varieties and Industrial Models Law which started being implemented and enforce in Saudi Arabia on September 6, 2004.
Saudi Arabia became a member of the PCT on August 3, 2013 and it is possible to enter the national phase for PCT applications filed after August 3, 2013 designated as Saudi Arabia.
Application must be submitted in Arabic and English translations at the moment of the fillings. Application for patent request must contain applicant and inventor information, patent description and specification and filing fees
Applications are examined for compliance with formal requirements and for substance. At the end of the formal exam, the application is published. A substantive examination may be conducted if the substantive examination fee is paid within three months of notification of the amount of this fee, which may vary due to the complexity of each application. The patent application publication timeframe is 18 months from the filing (or earliest priority) date. There is a 90 days limit to respond to official actions
Patents in Saudi Arabia are valid for 20 years from the filing date. The grant fee must be paid along with the publication fee within 90 days of notification from the Office. Annual maintenance fees must pay from the year following the filing date and pay from January 1 to March 31 of each year. Late payment is possible within three months of the due date without penalty and within an additional three-month grace period, provided the fee is paid in double amount.
Trademark Law in Saui Arabia
The legal basis is the Royal Decree no. 51 of May 25, 2014 also known as the Gulf Cooperation Council (GCC) Trademark Law which started being implemented and enforce in Saudi Arabia on September 27, 2016.
The law defines a registered trademark as anything that takes a distinctive form, such as names, words, signatures, letters, symbols, numbers, titles, stamps, drawings, images, inscriptions, packaging, figurative elements, shapes or colors, groups of colors , or combinations thereof, or any sign or group of signs used or intended to be used to distinguish the products or services of one company from the products or services of another company, or intended to identify a service, or as a trademark of certification regarding goods or services.
Saudi Arabia adopts the tenth edition of the Nice International Classification. The applicant for a trademark registration can only select from the list of pre-approved products / services on the electronic platform. With this configuration, applications with an item that is not explicitly listed on the platform will not be properly included in the system, causing considerable delays. Applicants should take this especially into account when they face upcoming deadlines, such as the Convention priority deadline.
Once a trademark is accepted, it is published in the Official Gazette online, generally on the day of acceptance, and any interested third party may oppose on the grounds of opposition. The opposition period is 60 days from the date of publication. Requests to extend the opposition period are not possible in Saudi Arabia.
The term of protection of a registered trademark is 10. To maintain registration, the registrant must submit the renewal within the last year of expiration. There is a six-month grace period, with an additional fee payable as a fine. After the six-month grace period, the trademark will be declared canceled and no further renewals can be made. An expired trademark cannot be registered in favor of any third party for a period of three years after expiration or cancellation