Patent Registration in Oman: Process and Requirements
The Sultanate of Oman is one of the economically powerful countries in the GCC region that boasts of a robust patent protection regime. Inventors can secure IP rights for their inventions by performing patent registration in Oman as per Royal Decree No. 82/2000 issuing the Patent Law. By registering a patent in Oman, the inventors can legally exclude others from making, using, offering for sale, or selling their invention in the country. Inventors can hire patent agents in Oman to make the filing process easier.
Once a patent is obtained, an invention can not be used, manufactured, duplicated or sold without the inventor’s authorisation. Patent rights can be enforced in court against third party infringers who practice the invention without permission of the inventor or title bearer.
In this article, we deal with the standard procedures and required documents for successfully registering a patent in Oman. Let’s explore further:
The Rules for Patent Registration in the Sultanate of Oman
First of all the inventors need to check whether their inventions meet the top conditions that make them eligible for patent registration in Oman. You can register a patent in the Sultanate of Oman if the invention is new, none obvious, inventive and industrially applicable. Furthermore, it shouldn’t conflict with the general order or the rules of Islamic Sharia or adversely affect national security or public morals.
The invention is patentable whether it is related to novel industrial products or produced by currently used industrial means or by a new application of known industrial means. The law has not clearly stated what could amount to be termed as Novelty. However, from a general concept of the law, it is understandable that the invention should be “new” and was not disclosed to the public anywhere at any time whether by written, oral disclosure or by use or any other method. You can assess the eligibility with the help of the best patent agents in Oman.
Items Not Eligible for Patent Registration in Oman
The following items won’t be granted IP protection in the form of a patent in the Sultanate of Oman:
- Discoveries, laws of nature and mathematical methods
- Aesthetic designs
- Systems, rules and methods for the performance of mental labour, games or management as well as computer programs
- Presentation of data and abstract ideas
- Botanical or animal research, or biological methods for the production of plants or animals, or plant varieties and animal species, with the exception of microbiology methods and their products.
- Surgical or therapeutic methods of treating the human or animal body and methods of diagnosing disease applied to the human or animal body.
The Procedure of Registration of a Patent in Oman
- Formal Exam (2 Months term to rectify)
- Substantive Examination
- Granting of the patent
Patent Registration under the Patent Cooperation Treaty
The Sultanate of Oman is a party to the Patent Cooperation Treaty (PCT) which helps the applicants to secure patent protection internationally for their inventions. By filing one international patent application under the PCT, applicants can simultaneously seek protection in other countries that are party to the PCT system. Patent registration agents in the Sultanate of Oman can help you register patents under the PCT system.
The following are the major requirements under the PCT system:
- A power of attorney executed by the applicant, with an Apostille certification if the country of the applicant company is a member of the Hague Convention; otherwise, the power of attorney should be legalized up to an Omani or any Arab consulate abroad
- A simple copy of the Certificate of Incorporation or an Extract from the Commercial Register of the applicant company
- A deed of Assignment executed by the inventor(s), assigning their patent rights to the applicant, with an Apostille certification if the country of the applicant company is a member of the Hague Convention; otherwise, the power of attorney should be legalized up to an Omani or any Arab consulate
Patent applications can be filed without the supporting documents mentioned above, but the Arabic translation of the abstract should be available at the time of filing. However, all above documents should be filed within three months from filing the application with exception to the legalised power of attorney, which should be submitted within two months from the filing date; otherwise, the application will lapse.
No extension of time is allowed for submitting the original documents beyond the above deadline and the Patent will be subject to penalty for late submission of the document after filing at the cost of USD 55 USD (official fees) and USD 45 (professional charges) per document. It is possible to extend the deadline for filing these documents for a further one month, however, it will be up to the Registrar’s sole discretion whether to accept the late filing of the legalised POA or not.
Patent Registration under National Filing System
The following documents are required to file a patent in Oman under the National Filing System,
- A power of attorney executed by the applicant, with an Apostille certification if the country of the applicant company is a member of the Hague Convention; otherwise, the power of attorney should be legalized up to an Omani or any Arab consulate abroad.
- A simple copy of the Certificate of Incorporation or an Extract from the Commercial Register of the applicant company.
- A deed of Assignment executed by the inventor(s), assigning their patent rights to the applicant, with an Apostille certification if the country of the applicant company is a member of the Hague Convention; otherwise, the power of attorney should be legalized up to an Omani or any Arab consulate abroad.
- A certified copy of priority document home application or registration (if priority is to be claimed). If the document is not in English, a simple English translation is required. The patent number and first filing date should be available at the time of filing.
- An abstract of the invention for the purpose of the publication of the invention in the Official Gazette of no more than 200 words including the inventor and applicant names, addresses and nationalities, a brief description of the invention and claims, the technical field, the drawings, if any and how to solve problems that may occur in writing and in Compact CD, detailed description of the invention in English and Arabic in writing and in Compact CD showing the followings:
- Title of the invention
- Technical field
- Technical background
- Disclosure of the invention
- Description of drawings
- A detailed description of the invention
- Method of industrial application of the invention, Claims, Abstract of invention
- Drawings, if any.
How can Jitendra Intellectual Property Help you?
The process of patent registration in Oman offers a robust way for inventors to protect their valuable inventions. The steps of patent registration need to be carefully executed to avoid delays or potential rejection. However, entrusting the patent filing responsibility with the best patent agents in Oman such as Jitendra Intellectual Property (JIP) helps the inventors avoid such complexities. JIP has a highly qualified team of patent registration agents who can help you secure a patent in Oman without any hassle.