Palestine Patent Overview
Palestine is not a Contracting Party to the Paris Convention for the Protection of Industrial Property or to the Patent Cooperation Treaty (PCT).
Once a patent application is filed, it is examined as to compliance with formalities and patentability provided for under the Patent Law. A separate application has to be filed in each jurisdiction. The Patent Office may require whatever amendments that are necessary to bring the application into conformity with the law. In the event the applicant does not comply with the requests of the Patent Office within a given grace period or as authorized by the Registrar of patents, the Registrar will reject the application.
A patent is valid for sixteen years from the date of filing the application; such validity is subject to payment of the prescribed renewal fees which should be paid before the expiration of the fourth, eighth, and twelfth years from the filing date or the convention filing date in case of priority applications.
Palestine Trademark Overview
Different trademark laws are valid in the Palestinian areas of GAZA and WESST BANK. In order to file a trade mark in both territories, separate applications are necessary
Legal basis for applications in Gaza is the Palestinian Trademark and Patent Law of 1938. Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.
The Jordanian Trademark Law Nr. 33 of 1952 is legal basis for application in West Bank. Trademark Protection is obtained by registration. It can also be acquired by sufficient public recognition.
Once a trademark application is filed, it is examined as to its registrability. Trademark applications accepted by the Registrar are published in the Official Gazette. There is a 3-month period open for filing opposition by any interested party. An opposition to the application of a trademark should be prosecuted before the Registrar within 3 months as of the date of publication. The opposition case is referred to the High Court of Justice if either party appeals the Registrar's decision. In the absence of opposition, or in case it is rejected, a certificate of registration will be issued.
A trademark registration is valid for 7 years from the date of filing the application renewable for periods of 14 years each