To file a patent in Kuwait, the process must be conducted through the Kuwait Institute for Scientific Research (KISR), which is responsible for managing intellectual property registration applications, including patents, in Kuwait.
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What is a patent in Kuwait?
The Kuwait Institute for Scientific Research (KISR) grants patents as exclusive titles and rights for inventions. These patents allow holders to prevent others from copying, using, distributing, or selling their inventions without permission. Patent protection in Kuwait usually lasts 20 years, giving inventors two decades of exclusive rights.
How to file a patent in Kuwait?
In Kuwait, the official language for patent filing is Arabic, and patent applications must be submitted in Arabic. Filing a patent application in a foreign language is generally not possible.
Also, you may need to file a trademark in Kuwait.
What are the required documents needed to file a patent in Kuwait?
- Full name and address of the applicant and inventors, whether an individual or a corporation.
- A patent description: Specification, claims, and abstract. Drawings, if applicable.
- Power of Attorney, duly signed by the applicant.
- Translations (if necessary): In Kuwait, the official language for patent filing is Arabic. If your application documents are in a language other than Arabic, you may need to provide Arabic translations of the application documents to comply with the language requirements.
- Certified copy of the Priority Application. Not necessary for PCT cases.
How is the Patent process in Kuwait?
- Application submission: The procedure can be initiated by submitting the form and the complete documentation of the patent application.
- Formal Examination: KISR conducts a formal examination of the patent application to verify completeness and compliance with requirements.
If deficiencies are identified, you will be notified to address them within a specified time frame. - Publication: After the formal examination and if the application is in order, the patent application may be published in an official gazette or a designated publication platform to notify the public.
Third parties have the opportunity to submit observations or oppositions within the initial 90 days of publication. - Substantive Examination: KISR conducts a substantive examination to assess the patentability of the invention. This includes evaluating novelty, inventive steps, and industrial applicability.
- Grant: If the invention meets all patentability requirements and the examination process is completed, KISR will grant the patent. You will receive a certificate of patent registration.
Patent term:
Patents remain valid for 20 years starting from the application’s filing date.
Average time from filing to grant:
In Kuwait, the patent granting process typically takes between 3 and 5 years from the filing date.
Grant, validity term and maintenance fees
Once granted, a patent in Kuwait remains valid for 20 years. To maintain the patent, annuity fees must be paid annually, starting from the international filing date.
The first annuity fee is due on or before the second anniversary of the international PCT filing date—or the national filing date in the case of a Paris Convention application. In other words, the fee must be paid before the start of the third year.
After that, renewal fees must be paid every year in advance, before each anniversary of the original filing date.
Some Extra Facts
Representation by a patent attorney
Foreign patent applicants need to prosecute a patent application in Kuwait through an attorney or agent registered in the country.
Check out our blog for more information in Intellectual Property.
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This content may suffer modifications due to updates in the official regulations of Kuwait.
