Saudi Chapter of Global Patent GO——Introduction to Saudi Patent Application

oil kingdom saudi arabia

The Kingdom of Saudi Arabia is located on the Arabian Peninsula, bordering the Persian Gulf to the east and the Red Sea to the west. It is the largest economy and consumer market in the Middle East. It is a member of the WTO, the Organization of Petroleum Exporting Countries and the Group of Twenty, and plays a pivotal role in the Middle East. . Saudi Arabia is a state-religious monarchy, the political situation has remained stable for a long time, and the economy has grown rapidly. In order to reduce the excessive dependence on the crude oil industry, the Saudi government launched the "Vision 2030" social and economic transformation plan to increase infrastructure construction, improve the level of foreign investment facilitation, and improve the business environment. According to the "2020 Doing Business Report" released by the World Bank, Saudi Arabia's ease of doing business ranked 62nd among 190 economies in the world, up from 92nd in the previous year. In 2019, Saudi Arabia ranked first among the top 10 economies with the largest increase in ranking.

Industries such as electric power, mechanical and electrical equipment, heavy industry, and electronic products are areas where Saudi Arabia is currently vigorously developing. Petrochemical refining is one of the key development areas, and China has rich experience and mature technology in the field of petroleum refining, and China and Saudi Arabia have great potential for cooperation in the field of petroleum industry. In recent years, Huawei's branch in Saudi Arabia has grown rapidly and has become Huawei's largest overseas branch, fully demonstrating the huge investment potential of Saudi Arabia in this market.

In terms of intellectual property rights, Saudi Arabia joined the World Intellectual Property Organization (WIPO) in 1982, and the King Abdulaziz City of Science and Technology (KACST) in Saudi Arabia is responsible for handling patent applications and technology transfer. On January 18, 1989, Saudi Arabia's first Patent Law was promulgated by Royal Decree No. (M/38) to provide protection for Saudi invention patents. The law was amended in 2004. The amended Law on Patents, Topographies of Integrated Circuits, Plant Varieties and Industrial Designs, issued by Royal Decree No. (M/27) of 17 July 2004, came into force on 5 September 2004 . The implementation rules were promulgated by administrative decision on December 26, 2004 and came into effect on the same day. The Saudi government established the Saudi Intellectual Property Office (SOP) in 2017, as the only intellectual property authority in Saudi Arabia, aiming to integrate the original Saudi Ministry of Culture and Information, Ministry of Commerce and Investment, King Abdulaziz Science and Technology City ( KACST) undertakes the management of intellectual property matters, and actively promotes the process of building an innovative culture in Saudi Arabia. Today we will start with the patent system to understand the general situation of intellectual property rights in Saudi Arabia.

Introduction to Saudi Patents

1. Types of Saudi patent protection

There are two types of patents in Saudi Arabia: invention and design.

2. Ways for Chinese applicants to apply for patents in Saudi Arabia:

Paris Convention, PCT international application to enter Saudi Arabia, direct application

3. Competent unit

The Saudi Patent Office, SPO, affiliated to the King Abdulaziz City for Science and Technology (KACST) in Saudi Arabia, is responsible for patents for inventions, integrated circuit layout designs, plant varieties and industrial designs in Saudi Arabia. Designed to provide protection.

4. Submit your application

1) Deadline requirements:

- via Paris Convention : within 12 months from the earliest priority date

- Entry of PCT international application into Saudi Arabia: within 30 months from the earliest priority date

2) Language requirements: application texts in English and Arabic (must be submitted at the time of application)

3) Application method: The applicant can submit the patent application documents and related forms and pictures online through the electronic service provided by the SPO.

5. Formal examination

If the filing date is determined and the applicant has not withdrawn the application, the Saudi Patent Office shall examine whether the application complies with the formal requirements prescribed by law. To submit a patent application in Saudi Arabia, you need to submit the original Power of Attorney (POA) certified by the embassy or consulate, and the original copy of the Letter of Assignment (DOA) certified by the embassy or consulate. The SPO will notify the applicant of the filing date of the patent application upon receipt of the required documents for the eligible application. In addition, it should be noted that when a Chinese applicant submits a patent application through the via Paris Convention or the direct application route, he needs to go through the confidentiality review procedures with the Chinese Patent Office in advance.

6. Disclosure procedure

If the patent application has not been withdrawn or rejected, the patent application will be published after 18 months from the filing date or the earliest priority date.

7. Substantive examination procedure

If the patent application meets the requirements of formality examination and the relevant documents are complete, the SPO will require the applicant to pay the prescribed publication fee within 3 months. If an applicant withdraws an application before the deadline stated above, it will not be published. The SPO will require the applicant to pay the substantive examination fee based on the evaluation result of the substantive examination fee, which is related to the number of words and pages of the patent text. The applicant must pay the fee within 3 months after receiving the notification. After receiving the fee, the SPO will start the substantive examination procedure.

8. Authorization procedure

If the patent application passes the substantive examination, the SPO will notify the applicant to pay the grant fee and publication fee within 3 months. After the applicant pays the fee, the SPO will publish the patent registration documents in the Patent Gazette. Otherwise, the patent application will be rejected. If the SPO decides to reject the patent application, it shall notify the applicant and publish its decision in the Patent Gazette.

Features of Saudi patents

1. Saudi industrial appearance patents only have formality examination, and there is no substantive examination process. Colored appearance patents can be protected.

2. The patent fees for individual and enterprise applicants are different, and the patent fees for individual applicants are usually half of those for enterprise applicants.

Friendliness to Chinese applicants:

★★★★

Gold content of patent rights:

★★★

The degree of perfection of the rights protection mechanism:

★★★