[Reader-list] IP Law News (2) - Bahrain

jaideep kharub jaideepkharub at yahoo.com
Thu Mar 8 15:25:16 IST 2007


Dear Friends:
 
This is the second part of my article. This gives you information about the patent protection available in Bahrain. Hope this may be useful to you.  
 
II. PATENTS 
1. LEGAL BASIS
2. MEMBERSHIP IN INTERNATIONAL CONVENTIONS
3. FILING
4. EXAMINATION, PROTECTION 
5. SUMMARY OF NEW LAW
1. LEGAL BASIS
- Patents, Designs and Trade Marks Regulations, 1955, effective June 15, 1955 (54 Pat. and T.M. Rev. 23) and subsequent amendments. A new Patents Law was issued on January 29, 2004 under No. (1) of 2004, which supersedes the Patents Law issued in 1955. The Implementing Regulations for said Law have not yet been issued. (At present, the Patent Office is not entertaining any new applications).
2. MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- WTO/TRIPS Agreement, since January 1995.
- WIPO Convention, since June, 1995.
- Paris Convention, since October, 1997.
- Patent Cooperation Treaty, acceded on December 18, 2006 (will come into force on March 18, 2007)
3. FILING (Under Old Law)
Anyone who is the owner of a prior patent registration from any country (except from Israel) may apply.  An application filed has to be accompanied with its complete documents.  Registration of Patents needs either a home registration or any corresponding foreign registration. No other document is acceptable. The following documents are required at the time of filing:
 
I.    A power of attorney simply signed by the applicant 
II.    A  certified   copy  of  the  letters   patent  accompanied  by  the  specification,  claims  and three  sets  of  the formal  drawings.   All documents should be translated into Arabic.
      III.   Two sets of drawings
IV.  Full particulars of the applicant
V.   The title of the patent and a summary description of the invention.
4. EXAMINATION, PROTECTION
Examination for the grant of patents is not applicable under the existing system. There is a 30-day period open for filing opposition by any interested party.  In the absence of opposition, a published patent is registered and the certificate of registration is issued.
 
The validity of a patent is for 15 years only, but it can be renewed for extra 5 years if the patent is of special significance and has not brought in a return proportional to the expenditure incurred by the inventor.  
The old law does not provide for the working requirement or compulsory licensing.
 
5. SUMMARY OF NEW PATENTS & UTILITY MODELS LAW
The Law specifies that a patent shall be granted in accordance with the provisions of this law for every invention which is new, involves an inventive step, and is capable of industrial application.  Such invention may relate to a new industrial product, whether imported or produced locally; an industrial method; or a novel application of a known industrial method.
An application should be filed in Bahrain within six months as from the date of filing of the priority document in order to claim priority. A novelty examination takes into consideration any specification previously lodged with the Patent Office or any patent/utility model previously registered.  The Patent Office may require whatever amendments it deems necessary to bring the application into conformity with the law.  In case the applicant does not comply with the requirements of the Patent Office as authorized by the Registrar of patents, the Registrar will reject the application. Approved applications are published in the Official Gazette and are rendered open to public inspection.  Any party may oppose the grant of a patent/utility model within 60 days as from the date of publication.  The opposition notice is submitted to the Registrar of Patents.  If no opposition against the grant of a patent/utility model is filed, the letters patent/utility certificate is granted
 after payment of the prescribed fee.
Under the new law, a patent is valid for twenty years and a utility model is valid for ten years from the date of filing the application or from the priority date in case of claiming priority.  The application is subject to payment of the prescribed annuity fees due, after issuance of letters patent/utility certificate, from the date of filing in Bahrain or the convention filing date in the case of priority applications.  A grace period of six months, from the due date, is granted to the owners of the registered patents/utility models to pay the due fees.  If this is the case, late annuity fees will be applicable.
Working of patents/utility models is an official requirement.  In case the owner of a patented invention/utility model in Bahrain fails to satisfy the stipulated working requirements of the country within three years, as from the date of grant, or within four years, as from the date of application, whichever is longer, the patent/utility model will be subject to compulsory licensing under the provisions of the law.
 
You are invited for your invaluable comments.
 
Thank you with regards,
 
jai
 
Jaideep Kharub
 
IP Officer - AGIP 
PO Box - 990, Manama, 
Kingdom of Bahrain.
Phone : 00973-39187539 (M)
E-mail: jaideepkharub at yahoo.com 
             jaideep.kharub at gmail.com
           
"If it is not right..do not do it;
 if it is not true..do not say it"


 
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