Key Requirements & Procedure for Registering Patents in Saudi Arabia

The Intellectual Property framework of the Kingdom of Saudi Arabia has evolved to be robust enough to protect the different intellectual property rights including patents. Both globalization and technological advancement have presented significant economic opportunities to the IP system, especially after the country has grown to become a major economic power in the Middle East. At the same time, the competition in the field of innovation has surged, warranting an increased necessity for conducting patent registration in Saudi Arabia.

The process of registering a patent is complex and therefore assistance of patent registration agents in Saudi Arabia is essential for innovators and inventors. The following are the major requirements and procedures for registering patents in Saudi Arabia.

Important Aspects of Patent Registration in Kingdom of Saudi Arabia 

1. Priority Claim

Saudi Arabia is a party to the Paris Convention and therefore the patent applicants can leverage the right of priority for 12 months ( starting from the date of first filing).

2. Patent Cooperation Treaty

Saudi Arabia is also a party to the Patent Cooperation Treaty (PCT). Under the PCT system, a patent application can be made in one of the PCT member countries. It significantly reduces the cost of patent registration.

3. Patent Examination in Saudi Arabia

A Patent application in Saudi Arabia will be examined based on the following:

a. Novelty: the invention must never have been made public in any way, anywhere in the world, before the filing date or the priority date.

b. Inventiveness: an invention involves an inventive step if, when compared with what is already known, it would not be obvious to someone skilled in the relevant field

c. Industrial applicability: an invention must be capable of being made or used in some kind of industry.

Absolute Novelty is Mandatory

Absolute novelty is a mandatory factor for patent registration in Saudi Arabia. If an invention is made public before the filing date or priority date, it will make an applicant ineligible for registration. Acts such as publication, sales, public oral disclosures, public demonstrations or use are some of the ways an invention could be made available to the public.

Documents Required for Patent Registration 

The following are some of the general requirements that are mandatory for successful patent registration in Saudi Arabia:

1. English specifications of the invention in A4 size paper, abstract, claims and two sets of formal drawings (if any); one set of them should be without numerals (if any) prepared strictly in the following order:

• The abstract (not exceeding one page);
• Background of the invention;
• Summary description of the invention;
• Brief description of the drawings, if any;
• Full description of the invention;
• Claims.

2. An Arabic translation of the entire text of the invention. Patent registration agents in Saudi Arabia will prepare the necessary Arabic translation.

3. A Power of Attorney with the full name and address of applicant the applicant duly legalized up to a Saudi Arabian Consulate

4. A Deed of Assignment executed by the inventor(s) assigning patent rights to the applicant (not required for PCT applications unless is requested by the Formality Examination Report, 2-3 months from application date), legalized up to a Saudi Arabian Consulate

5. A certified copy of the Priority document together with simple English & Arabic translations, if the applicant is claiming priority based on a foreign application, not required for PCT applications unless it is not posted by WIPO Patent scope.

The power of attorney, deed of assignment and priority document can be filed within 90 days from the date of receipt of the formalities report subject to payment of late fees.  However, the authorities allow one month of extension for submitting these three documents.

General Information Required

Applicants are required to supply the following general information,

a. Names, addresses and nationalities of applicant and inventor

b. A list of the home and/or foreign applications stating country of filing, application number(s) and filing date(s), publication number and date (if any); and a class of the patent by the International Classification (if known).

PCT Requirements

1. A Power of Attorney (POA) with the full name and address of the applicant duly legalized up to a Saudi Arabian Consulate
2. Specifications, claims, abstract, and formal drawings (if any) in English and Arabic
3. Names, addresses and nationalities of applicant and inventor

POA should be submitted within 90 days from the filing date of the Patent Application. The date of submission of POA can’t be extended under the PCT system.

How Can Jitendra Intellectual Property Help you?

The entire process of patent registration in Saudi Arabia can appear to be complex for inventors and innovators. However, patent registration agents in Saudi Arabia 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 Saudi who are well-versed in the IP regime of the country.  JIP can help innovators by simplifying the process of patent protection.