In fulfillment of the objectives of the Cooperation Council for the Arab States of the Gulf, as stipulated in Article 4 of the Charter of the GCC Arab countries, and

In support of the joint cooperation between  the Member States cited in the  Chapter 4 of the Unified Economic Agreement, particularly the resolve to acquire an indigenous base founded on encouraging and supporting research, applied sciences and technology, and

 In an endeavor to achieve the objective of the transfer and adaptation of imported technology in such a way to conform to needs of the region, and the objectives of development and progress.

The Supreme Council hereby approves the Unified law for patents as follows:

Definitions:

1.     Cooperation council: The Cooperation council of the GCC Arab Countries of the Gulf.

2.     The Ministerial council: the council of the GCC Arab countries ministers.

3.     Patent: A document to be awarded to an inventor to provide legal protection of patents within the GCC countries, under the granted patent  in accordance with this law.

4.     Invention: The idea concluded by the invention, which yields a practical technological solution. The patent may be a product, or a manufacturing (trade) process; or otherwise related to either.

5.     Patent office: (bureau): The patent office at the secretariat general of the Gulf Cooperation Council for the Arab countries.

6.     Inspection office: An inspection office designated: by the patent office, as provided in the executive regulations hereof.

7.     Higher Committee: A committee constituted by the ministerial council of the GCC countries in order to consider appeals against patent office decisions.

Eligible inventions:

1.     An invention may be eligible for patent if it is new, involves an inventive step, and industrially applicable, provided that it shall be in conformance with the Sharia law, general and ethics  law.

2.     A.      An invention shall be classified as new, if it is not previously discovered, as far as the industrial technology is concerned.

        B.      Previously invented industrial technology cases include all cases that are actually within public domain, worldwide, via application for protection in a tangible form, through verbal disclosure, via the aforesaid applications, through public utilization in any of the GCC member states: whether before the date of deposit thereof or before the date of priority  thereof, as the case may be.

        C.      For the purpose of implementing item (B) above, the disclosure of an invention for public shall not be taken into consideration in case such disclosure took place within one year;                     before the application filing date or before the date of priority, as the case may be, while such disclosure has resulted from an action taken by the applicant or by his predecessor,                     or consequent thereof; otherwise due to an act of abuse by a third part against the applicant or against his predecessor, or consequent to the same.

3.     An invention shall be considered as involving an inventive step if not considered as taken for granted by the ordinary tradesman, as far as the previous industrial case is concerned, as           related to the application for patent.

4.     An invention shall be considered as industrially applicable if it is capable to be produced or used in any of the industrial/ trade processes. However, the industry/ trade should be taken in the wider significance of the term, including agriculture,manual trades/ crafts, fishery and services.

5.     Applications of confidential registration or for the GCC states security related issues shall be treated in accordance with the procedures set forth in the executive regulations.

6.     Should there be more than one application for registration of a particular invention; the patent shall be granted to the first applicant that has the priority date.

7.     A.      Participants of one patent shall have equal rights in such patent.

        B.      In case an invention is made under an employment contract, the right of patent shall belong to the employer, unless otherwise provided in the provisions of the employment contract.

Temporary deprivation of a patent:

The Supreme Council may resolve not to grant patents for inventions related to certain fields of technology, provided that this provision shall only be applicable on applications submitted ore than one month following the publication thereof. The aforesaid provision shall be enforceable for not more than ten years, provided that the renewal term thereof shall not exceed five year at a time.

Applications:

1.     An application shall be submitted to the patent office (bureau) by the inventor or his delegate; or his successor in title. The application shall comprise one description in addition to one or more claims, under one or more diagrams (if any), along with an abstract. An application shall be accompanied by the prescribed fee.

2.     A.      An application for patent shall contain: the name of applicant, the inventor, and the registered agent (if any), in addition to any other designated data, including the address of the                         invention.

B.      If the applicant is not the inventor; the application shall enclose a justification to the right in the subject patent.

3.     The description shall disclose the invention in a manner sufficiently clear and complete, in such a way as to enable the field expert to implement the same as described. In particular,   the applicant shall indicate the best implementation method known to him.

4.     A.      The applicant must indicate the scope/ range of the required protection. Furthermore, the description and drawings may be used for that purpose.

        B.      The elements of application must be clear and precise. Such elements shall be totally supported by the description.

5.     The explanatory illustrations must be enclosed, if necessary, for the invention to be properly understood.

6.     The abstract shall merely serve the purpose of technological information; in particular, it shall not be taken into account for the interpretation of the application.

7.     The application for a patent shall relate to only one invention, or for a number of associated inventions, which constitute a single general innovation concept.

8.     The applicant shall provide the patent office with the required additional information related to his application.

9.     An application for a patent may include a permit demanding a priority to consider similar previous applications, based on the Paris Agreement for the protection of Industrial Property Rights, as provided therein; and such permit shall be enforceable, as provided in the aforesaid agreement.

Inspection: Granting of a patent or decline of application:

1.     A. The patent office shall note the date of application submittal, upon verification of compliance of the same to the conditions provided in the Bylaws of the law. The application shall    further comply with the requirements of articles 2 (5) and (1): (1) and (2) , along with the related provisions of the Bylaws.

        B. In the event the patent office deems that the application has met the requirements of article 4 (1) and (2), it shall forward the same to the competent application inspection office  (bureau), as provided in the Bylaws hereof.

2. The inspection office shall ensure that the application is associated to an invention, as specified in article 1 (4), and that it is eligible to be granted a patent as provided in article 2. The competent inspection office shall accord the applicant the opportunity to submit explanations; or to amend respective application. The inspection office shall subsequently notify the patent office with the conclusion of the inspection.