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?
A patent in Kuwait is an exclusive title and right granted by the Kuwait Institute for Scientific Research (KISR) to all inventions. This patent gives the right to prevent anyone from copying, using, distributing, or selling the invention without permission. The duration of an invention patent in Kuwait is typically 20 years from the filing date, providing two decades of protection for the patented invention.
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:
20 years from the date of filing of the application.
Average time from filing to grant:
The average time from filing to granting a patent in Kuwait is from 3 to 5 years.
Grant, validity term and maintenance fees
Once the patent in Kuwait is granted, it will be valid for 20 years. Maintenance Fees are paid annually and they are calculated from the international filing date.
The first annuity Fee should be paid on or before the 2nd Anniversary of the international PCT filing date (or national filing date if it is a Paris convention application). That is to say, it should be paid before starting the 3rd year.
Subsequent renewal fees should be paid annually in advance, before each anniversary of the 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.
