A Comprehensive Guide: How to Register Patents in Kuwait

Patent registration in Kuwait is granted as per the provisions of Law No. 4 of 1962 and its amendment of 1999. The Kuwait Patent Office oversee the registration, examination and granting of patents in the country. A patent granted for an invention is valid for 20 years from the date of applying for patent registration in Kuwait.

There are two methods for registering a patent in Kuwait: the Patent Cooperation Treaty (PCT) system as well as the registration under the Paris Convention for the protection of patents. The two methods demand different procedures and requirements. Getting familiarised with such varied rules and procedures are tough for the inventors, however, patent registration agents in Kuwait can make things easier for you.

Patentability of Inventions in Kuwait

Not all inventions are granted patent registration in Kuwait. For an invention to be granted a patent, it must display qualities such as novelty, inventive concept and industrial applicability. The Kuwait Patent Office won’t grant patents for inventions that lack these characteristics. Consult with patent registration agents in Kuwait to determine whether your invention will qualify for registration.

Patent Examination by Kuwait Patent Office

The Kuwait Patent Office started the substantive examination of national patent applications from 2021 onwards. Before that, the examinations were carried out by the GCC Patent Office. However, the regional GCC Patent Office issued a notification to stop accepting new patent applications as of January 6, 2021. Even though this notification raised concerns among the businesses, the Kuwait Patent Office addressed the issue by starting the process of patent examination through its office.

Patent Registration in Kuwait Under the PCT System

The applicants need to submit the following documents/information to register a patent under the PCT system.

1. A power of attorney filled up with applicant name and address in both parts Arabic and English legalized up to a Kuwaiti Consulate abroad or in its absence any Arab consulate available in the home country of Applicant Company.
2. Specifications, claims, abstract, formal drawings (if any) and drawings (if any) without any Latin numerals or words, in both English with Arabic translation
3. Complete particulars of applicant and inventor and priority information
4. Copies of all PCT documents

Patent Filing requirements under Paris Convention

1. A power of attorney filled up with applicant name and address in both parts Arabic and English legalized up to a Kuwaiti Consulate abroad or in its absence any Arab consulate available in the home country of Applicant Company.
2. A certificate of incorporation or extract from commercial register of Applicant Company legalized up to a Kuwaiti Consulate abroad or in its absence any Arab consulate available in the home country of Applicant Company
3. Specifications, claims, abstract, formal drawings (if any) and drawings (if any) without any Latin numerals or words, in both English with Arabic translation
4. A deed of assignment from the inventor(s) assigning patent rights to applicant legalized up to a Kuwaiti Consulate abroad or in its absence any Arab consulate available in the home country of Applicant Company.
5. A copy of priority document instead of a certificate of incorporation, if priority is claimed legalized up to a Kuwaiti Consulate abroad or in its absence any Arab consulate available in the home country of Applicant Company

A single legalized Power of Attorney will be sufficient for filing any number of Patent Applications for the same applicant. Patents Applications can be filed along with the POA and Arabic translation or can be filed immediately without the same while the POA and Arabic translation are to be submitted within three months from the application filing date.

According to the regulations of the Kuwaiti Patent Office, the POA must be Super Legalised by the Ministry of Foreign Affairs in Kuwait to be accepted by the Kuwaiti Patent Office. All required documents should be submitted along with an Arabic translation. Patent registration agents in Kuwait can help you with the Arabic translation of documents.

How can Jitendra Intellectual Property Help You?

The entire process of patent registration in Kuwait can appear to be complex for inventors and innovators. However, patent registration agents in Kuwait such as Jitendra Intellectual Property (JIP) can help them by providing patent advice tailored to their needs. JIP has a team of qualified patent agents in Kuwait who are well-versed in the IP regime of the country.  JIP can help innovators by simplifying the process of patent protection not only in Kuwait but across the GCC region including the UAE, Kingdom of Saudi Arabia, Oman, Bahrain and Qatar.