Designs

Legal basis

Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Models as per Royal Decree No. M/27 dated July 17, 2004.

International Conventions

Paris Convention  for Protection of Industrial Property (TRIPS Agreement)

Priority Claim

Yes

Novelty

Yes

Publication Sources

Official Gazette

Period for opposition

No

Publication after registration

Yes

Extension Years

No

Substantive Examination

Yes

Annuity

Yes

Working Requirements

No

Appellate authority (administrate)

Patent Committe

Appellate authority (judicial)

Civil Court (Board of Grievances)

Validity of Registration

Ten (10) years from filing date

Time Span for registration

Twenty four (24) months to Thirty six(36) from date of
application.

Enforcement of Patent rights

  • Registered Patent

 

Criminal:

  • Criminal Court (infringment)

 

Civil:

  • Civil Court (infringment,

                unfair competition)

  • Unregistered Patent

Civil:

  • Civil Court(unfair competition)

Court System

 

1st Instance     Appeal    High Court

Legal System

Sharia (Islamic Law)

Service

Description

Official Fees (USD)

Proffesional Fees (USD)

Total Fees (USD)

New Application Ordinary application for individuals 40.00 500.00 540.00
  Ordinary application for companies 80.00 500.00 580.00
  Claiming convention priority   100.00 100.00
  Preparing translation of drawings (per sheet)   30.00 30.00
  Arabic translation of specification per page   45.00 45.00
  Amendment/correction of application for individuals 15.00 400.00 415.00
  Amendment/correction of application for companies 30.00 400.00 430.00
  Recordation of License for individuals 40.00 850.00 890.00
  Recordation of License for companies 80.00 850.00 930.00
  Payment of 1st annuity for individuals 40.00 300.00 340.00
  Payment of 2 nd annuity for individuals 40.00 300.00 340.00
  Payment of 3 rd annuity for individuals 80.00 300.00 380.00
  Payment of 4th annuity for individuals 80.00 300.00 380.00
  Payment of 5th annuity for individuals 120.00 300.00 420.00
  Payment of 6th annuity for individuals 120.00 300.00 420.00
  Payment of 7th annuity for individuals 160.00 300.00 460.00
  Payment of 8th annuity for individuals 160.00 300.00 460.00
  Payment of 9th annuity for individuals 200.00 300.00 500.00
  Payment of 10th annuity for individuals 200.00 300.00 500.00
  Payment of 1st annuity for companies 80.00 300.00 380.00
  Payment of 2 nd annuity for companies 80.00 300.00 380.00
  Payment of 3 rd annuity for companies 160.00 300.00 460.00
  Payment of 4th annuity for companies 160.00 300.00 460.00
  Payment of 5th annuity for companies 240.00 300.00 540.00
  Payment of 6th annuity for companies 240.00 300.00 540.00
  Payment of 7th annuity for companies 320.00 300.00 620.00
  Payment of 8th annuity for companies 320.00 300.00 620.00
  Payment of 9th annuity for companies 400.00 300.00 700.00
  Payment of 10th annuity for companies 400.00 300.00 700.00

Service

Requirements

Filing DESIGN Application A Power of Attorney in our favor, legalized up to the Saudi Arabia Consulate
  Certificate of Incorporation of the company,  legalized up to the Saudi Arabia Consulate if the company is located abroad.
  Deed of Assignment, from the inventor to the applicant,  legalized up to the Saudi Arabia Consulate if the company is located abroad.
  A certified copy of the industrial model/design application on the basis of which priority is claimed, if any.
  Full name and address of the applicant.
  Full name, address, nationality, status and activity of the inventor.
  Description of the design, if any, along with an English translation.
  Drawings of the design. Please indicate the figure number and view side on every drawing.
 
Q1) What is the legal base for registration of industrial designs in Saudi Arabia?
A1) Designs and industrial models in Saudi Arabia are governed by Patents, Layout Designs of Integrated Circuits, Plant Varieties and Industrial Models Law which was issued, by Royal Decree No. M/27 dated July 17, 2004
 
Q2) Is novelty required for registration of designs?
A2) The law requires absolute universal novelty.
 
Q3) Is the International Classification of Designs followed in Saudi Arabia?
A3) Yes.
 
Q4) Does design and model mean the same thing under Saudi Arabia Law?
A4) No
 
Q5) Is a multiple-drawing application for one design acceptable?
A5) Yes, provided that all drawings are inter-related and do not exceed 20 in total.
 
Q6) If the applicant is not the inventor, is a deed of assignment required?
A6) Yes. This applies even if the inventor is an employee of the applicant.
 
Q7) What is the life time of a design/model?
A7)
The design certificate protection period shall be ten years from the date of filing the application or ten years from the date of start of its commercial exploitation anywhere in the world. In any case, the protection period may not exceed fifteen years from the date of developing the design.

(c) The plant patent protection period shall be twenty years from the date of filing the application. However, the protection period for trees shall be twenty five years.

(d) The industrial model certificate protection period shall be ten years from the date of filing the application.
 
Q8) Is it possible to pay annuities for design/models in advance once and for all?
A8) Under Saudi Arabia law, the annuities should be paid at the beginning of every year in the month of January subsequent to the year in which the application was filed.
 
Q9) Is there any grace period allowed for late payment of annuities?
A9) Yes. There is a period of six months in total. An annuity may be paid within the first 3 months without any fine, while a late annuity payment fine will apply for the second three months.
 
Q10) Is it possible to enforce the rights of unregistered design/model by criminal proceedings?
A10) No. These proceedings may only be advisable for infringement of registered designs/model. However, in the event of infringement of an unregistered design/model a civil suit based on unfair competition and other general law provisions would be recommended.
 
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