Patents
A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. In order to be patentable, the invention must fulfill certain conditions.
If you want to know more about Patents please click or enter the following URL in your browser:
http://www.wipo.int/patentscope/en/patents.html
Patent Registration
Filing & Requirements
Once an application for the grant of a patent is filed, it is examined with respect to compliance with the formalities and patentability provided for under the Patent Law in Egypt. The Patent Office may require whatever amendments may be necessary to bring the application into conformity with the law.
Requirements
Regular application:
A power of attorney legalized up to the Egyptian Consulate.
A deed of assignment legalized up to the Egyptian Consulate.
The name, address, nationality, and profession or nature of business of the applicant(s) and the inventor(s).
The specification in English or French for preparing the Arabic translation. The Specification MUST be subdivided as follows.
Prior art.
Drawbacks of the prior art.
What is new about the invention (improvements).
Detailed description.
Mode of exploitation of the invention.
A summary of the invention (abstract) in English and Arabic (about 100 words).
One set of the formal engineering drawings.
An extract of the entry of the applicant company in the commercial register, or a copy of the certificate of incorporation. The document in either form should be duly legalized up to the Egyptian Consulate.
A certified copy of the priority document must be submitted within three months in case it is claimed.
Note: Items 1, 2, and 7 must be available within four months from the filing date otherwise the application will lapse irrevocably, and the specification in English or French must be filed with the application. The Arabic Translation must be submitted within six months. On the other hand, the priority document must be filed within three months from the filing date to preserve priority rights.
National phase of PCT application:
A power of attorney legalized up to the Egyptian Consulate.
The name, address, nationality, and profession or nature of business of the applicant(s) and the inventor(s).
The specification in English or French for preparing the Arabic translation.
A summary of the invention (abstract) in English and Arabic (about 100 words).
One set of the formal engineering drawings.
Note: Item 1 must be available within four months from the filing date otherwise the application will lapse irrevocably, and the specification in English or French must be filed with the application. The Arabic Translation must be submitted within six months.
Publication
Patent applications are examined closely as to the contents and novelty of the invention. Once the application is accepted it is automatically published in the Official Gazette. Any interested party may oppose the grant of a patent within two months as from the date of publication. The opposition notice is submitted to the competent committee.
Registration
Should no opposition against the grant of a patent be filed, or should the committee reject an opposition the charges of preparing copies for circulation purposes, which is the final step before grant, must be paid to the Patent Office.
Patent application will takes an average of three years from the filing date to mature into a granted patent.
Appeal
An applicant is entitled to appeal the requirements and conditions of the Patent Office by means of submitting a petition to the competent committee within thirty days as from the receipt of the notice, served to him by the Patent Office.
Requirements
Only, Power of Attorney legalized up to the Egyptian Consulate, if we do not previously possess one.
Novelty
The provisions of the Patent Law in Egypt stipulate that an application should be filed before the invention has become known prior to the filing date or the priority date through publication or use worldwide. The Patent Office currently receives many published patents worldwide and stipulates absolute novelty when examining the patent.
Period of Protection
A patent is valid for twenty years starting from the date of filing the application; Annuities should be paid until the expiry of the patent protection period.
Working of the patent & Compulsory License
Working of the patent is compulsory in Egypt. In the event that the owner of a patented invention does not satisfy the stipulated working requirements within three years as from the date of the grant, or within four years from the filing date, which of the two periods is longer, or if working ceases for one year without an acceptable reason, then the patent will be subject to compulsory licensing under the provisions of the law. If within two years as from the grant of the compulsory license, the licensee does not exploit the patented invention, any interested party may apply to the Patent Office demanding the cancellation of the subject patent for non-working.
Patent Lapse
The rights conferred by a patent on the registered patentee lapse, with the end of the protection period as prescribed by the laws, abandoning of patent rights, final court decision to this effect, non-payment of a due annuity within one year after the respective due date or failing to respond to an official action.
Patent Annuities
Annuities are to be paid every year as from the filing date of the application even before the patent is granted. However, according to the current patent law, there is a one-year grace period from the due date with a late fine to settle payment of an annuity.
Requirements
There are no requirements to proceed with payment of the due annuities.
Patent Assignment
The rights to a patent may be assigned or transferred through succession. The assignment of patent applications and granted patents must be made in writing. An assignment shall have no effect against third parties unless it has been published in the Official Gazette and duly entered in the relevant records of the Patent Office.
Requirements
A Power of Attorney signed by the assignee and legalized up to the Egyptian Consulate.
An extract of the entry of the assignee company in the commercial register, or a certified copy of the certificate of incorporation legalized up to the Egyptian Consulate.
A legalized deed of assignment from the assignor(s) to the assignee(s).
