There is no doubt that patents and industrial designs contribute significantly to the industrial and economic advancement of the Kingdom. This subject is governed by international treaties and agreements, in addition to the Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Designs, issued in 1425H and amended by Royal Decree No. (M/45) dated 10/3/1445H. Among the most important of these agreements is the Agreement Establishing the World Trade Organization (WTO), which the Kingdom joined on 10/11/1426H corresponding to 11/12/2005G, together with the agreements annexed thereto, including the TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights).
The Kingdom acceded to the Paris Convention for the Protection of Industrial Property, which entered into force in respect thereof on 11/3/2004. It also joined the World Intellectual Property Organization (WIPO) on 29/7/1402H corresponding to 25/3/1982G, and the Patent Cooperation Treaty (PCT) concluded in Washington on 19/6/1970, together with its subsequent amendments, pursuant to Royal Decree No. (M/63) dated 28/12/1430H. In addition, the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs of 1999 was approved pursuant to Royal Decree No. (M/45) dated 10/3/1445H.
Meaning of a Patent and Industrial Designs
A patent is defined as a document granted by the Saudi Authority for Intellectual Property to protect the owner of an invention, namely an idea devised by the inventor that results in a solution to a specific problem in the field of technology. (1)
An industrial design is defined as a composition of lines or colors in two dimensions, or a three-dimensional form, that gives a special appearance to any industrial product or handicraft product, provided that it is not solely dictated by a functional or technical purpose. This includes textile designs. (2)
Importance of Registering and Protecting Patents and Industrial Designs
The Kingdom has witnessed notable growth in international investments, according to reports of the United Nations Conference on Trade and Development. The protection of intellectual property rights, including patents and industrial designs, contributes to attracting foreign investment and promoting sustainability and innovation. There is a strong trend toward creating a legislative environment conducive to industrial property rights, foremost among which are patents and industrial designs. This, in turn, encourages inventors and creators to develop new and innovative inventions or industrial designs that contribute to the Kingdom’s economic development.
Conditions for Patent Registration
An invention may be registered either under the Saudi national system or under the Patent Law of the Gulf Cooperation Council (GCC) States, which was approved and ratified pursuant to Royal Decree No. (M/28) dated 10/6/1422H and amended by Royal Decree No. (M/74) dated 6/8/1443H. The GCC Patent Office receives patent applications on behalf of any of the GCC States and examines the application formally and substantively. Once compliance with the conditions stipulated in the Law or its Implementing Regulations has been confirmed, the filing date of the application is recorded. (3)
The Saudi Authority for Intellectual Property is competent to register patents at the national level. It receives patent applications, follows up on registration procedures, and prepares protection documents through registers of protection applications and registers of protection documents. The Authority may also publish patent applications, whether in print or electronically on the Internet, including the specification as filed, search and examination reports, and the operative parts of final decisions issued by the competent committee. (4)
Applications for the grant of patent protection documents must be submitted in the prescribed form, electronically or by any other means accepted by the Authority, and must be in Arabic. The application may be filed in English, provided that a certified Arabic translation is submitted to the Authority within three months from the filing date. The translation must be clear, and the application form must include all required information and responses to all inquiries. (5) Additional conditions and requirements apply for filing patent applications at the national level (6), as well as for the formal and substantive examination of such applications. (7)
International Registration of Patents
The Saudi Authority for Intellectual Property performs the functions of a “Receiving Office” in accordance with the provisions of the Patent Cooperation Treaty (PCT) signed in Washington in 1970, approved for the Kingdom pursuant to Royal Decree No. (M/63) dated 28/12/1430H, together with its subsequent amendments. International applications received (filed) with the Saudi Authority for Intellectual Property are processed in accordance with the provisions of the Treaty and its Regulations.
Where the Kingdom is designated for protection, and once the application enters the national phase—i.e., when the international application is transformed into a national application—the recognized filing date in the Kingdom shall be the filing date of the international application submitted to the Receiving Office. (8)
Term of Patent Protection
The term of protection for a patent is twenty years from the filing date of the application. (9) During this period, the patent holder enjoys legal protection and the exclusive right to exploit the patent financially to the exclusion of others. (10)
The TRIPS Agreement permits the Kingdom, as a Member State, to exclude certain inventions from patentability and protection based on considerations of public order (i.e., consistency with Islamic Sharia) and morality, including the protection of human, animal, or plant life or health, or to avoid serious harm to the environment. (11)
Conditions for the Registration of Industrial Designs
An industrial design is defined as any arrangement of lines or any three-dimensional form, with or without colors, that adopts a distinctive appearance characterized by novelty and is capable of industrial application. (12)
An application for the grant of a protection document (industrial design certificate) shall be submitted to the Saudi Authority for Intellectual Property using the prescribed form and accompanied by the documents and information required under the Implementing Regulations. The Authority then examines registered applications from both a formal and substantive perspective, in accordance with the Implementing Regulations. (13)
The application form for an industrial design certificate must be completed clearly, including the data relating to the design and any other relevant attachments. The application must not cover more than one industrial design, and must be accompanied by photographs or drawings of the industrial design sought to be protected, not exceeding seven views. (14)
The application form must include, clearly and accurately, the name of the applicant, the name of the designer, the name of the agent, a description of the industrial design, the type of products in which the industrial design is used, priority and disclosure information, the attachments, and a declaration by the applicant or the applicant’s agent. (15)
The application must also include drawings or photographs clearly showing all parts of the industrial design, noting that the scope of protection of the industrial design is determined by the representations submitted at the time of filing the application. (16)
International Registration of Industrial Designs
The Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs of 1999 entered into force in the Kingdom pursuant to Royal Decree No. (M/45) dated 10/3/1445H, amending the Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Designs. International applications for the registration of industrial designs are processed in accordance with the provisions of the Hague Agreement of 1999 and its Implementing Regulations.
An industrial design registered in accordance with the Hague Agreement, designating the Kingdom among the countries in which protection is sought, and not refused by the Authority within the refusal period, enjoys the same rights as industrial designs registered under the Saudi system. Publication thereof produces the same legal effects as publication under the Saudi Law, subject to the conditions, rules, and procedures set out in the Implementing Regulations. (17)
Term of Protection for Industrial Designs
The TRIPS Agreement provides for a minimum term of protection for industrial designs of not less than ten years (Article 21/3). The Paris Convention of 1883 contains no provision specifying the duration of such protection. However, the States Parties to the Paris Convention, as well as the States Parties to the 1934 Act of the Hague Agreement concerning the international deposit of industrial designs, are required to grant protection for a period of fifteen years from the date of filing with the International Bureau (Article 7). (18)
The Saudi legislator has set the term of protection for an industrial design certificate at fifteen years from the filing date of the application. (19)
Which primary international agreements govern Saudi Arabia’s intellectual property landscape, and when did the Kingdom join them?
Saudi Arabia’s intellectual property landscape is governed by several key international treaties and agreements. According to the sources, the primary agreements and their respective dates of joining or approval are as follows:
- World Intellectual Property Organization (WIPO): The Kingdom joined WIPO on March 25, 1982 (29/7/1402H).
- Paris Convention for the Protection of Industrial Property: Saudi Arabia acceded to this convention, and it entered into force for the Kingdom on March 11, 2004.
- Agreement Establishing the World Trade Organization (WTO): The Kingdom joined the WTO on December 11, 2005 (10/11/1426H). This membership includes the TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights), which sets standards for patentability and protection terms.
- Patent Cooperation Treaty (PCT): Saudi Arabia joined the PCT pursuant to Royal Decree No. (M/63) dated December 28, 1430H. Under this treaty, the Saudi Authority for Intellectual Property (SAIP) functions as a “Receiving Office” for international applications.
- Hague Agreement (Geneva Act of 1999): The Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs was approved via Royal Decree No. (M/45) dated October 3, 1445H.
- Patent Law of the Gulf Cooperation Council (GCC) States: This regional system was approved and ratified by Royal Decree No. (M/28) dated June 10, 1422H, and later amended by Royal Decree No. (M/74) dated August 6, 1443H.
These international frameworks operate alongside the national Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Designs, which was issued in 1425H and recently amended in 1445H
What are the responsibilities of the Saudi Authority for Intellectual Property (SAIP) regarding national patent registration?
The Saudi Authority for Intellectual Property (SAIP) is the competent body for registering patents at the national level in Saudi Arabia. Its responsibilities encompass the entire lifecycle of a patent application, from initial receipt to final documentation and publication.
Key responsibilities include:
- Application Management: SAIP is responsible for receiving patent applications submitted in the prescribed form, whether electronically or through other accepted means.
- Procedural Oversight: The Authority follows up on all registration procedures and maintains formal records through registers of protection applications and protection documents.
- Examination: SAIP conducts both formal and substantive examinations of registered applications to ensure they comply with the Kingdom’s legal requirements and implementing regulations.
- Publication: The Authority has the power to publish patent applications in print or electronically. This includes sharing the filed specifications, search and examination reports, and the operative parts of final decisions made by the competent committee.
- Language Compliance: SAIP enforces language requirements, ensuring applications are in Arabic or providing a three-month window for a certified Arabic translation if the initial filing was in English.
- International Coordination: Under the Patent Cooperation Treaty (PCT), SAIP functions as a “Receiving Office”. It processes international applications and manages the transition when an international application enters the “national phase,” at which point it is treated as a national application.
- Regulatory Enforcement: The Authority ensures that patent protection adheres to public order and morality. This includes excluding inventions that conflict with Islamic Sharia or those that may harm human, animal, or plant life, or the environment.
Overview of the Registration of Patents and Industrial Designs
The text outlines the legal framework and regulatory procedures for safeguarding intellectual property within the Kingdom of Saudi Arabia. It emphasizes the nation’s commitment to international standards by detailing its adherence to major global treaties like the TRIPS Agreement and the Paris Convention. The sources define the criteria for obtaining patents and industrial design certificates, noting that these protections are essential for fostering innovation and foreign investment. Furthermore, the text clarifies the specific administrative roles of the Saudi Authority for Intellectual Property and the GCC Patent Office in managing applications. It specifies the duration of legal exclusivity, granting twenty years of protection for inventions and fifteen years for unique industrial aesthetics.
Sources:
- Article 2 of the Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Designs, issued by Royal Decree No. (M/27) dated 29 May 1425H and amended by Royal Decree No. (M/45) dated 10 March 1445H.
- Same as above.
- Article 9 of the Patent Law for GCC Member States, as amended and ratified by Royal Decree No. (M/74) dated 6 August 1443H.
- Articles 4 and 6 of the Executive Regulations of the Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Designs, issued by SAIP Board Resolution No. (5/8/2019) dated 4 September 1440H.
- Article 8 of the Executive Regulations.
- Articles 8–17 of the same regulations.
- Articles 36–38 of the same regulations.
- Articles 61–64 of the same regulations.
- Article 19 of the amended Saudi Patent Law.
- Prof. Dr. Samiha Al-Qulyoubi, Industrial Property, 8th Edition, 2009, Dar Al-Nahda Al-Arabia, Cairo, p. 195.
- Article 27.2 of the TRIPS Agreement and Article 4 of the Saudi Patent Law. For further details, see Prof. Dr. Hossam El-Din Abdel-Ghani El-Saghir, Fundamentals and Principles of the TRIPS Agreement on Trade-Related Aspects of Intellectual Property Rights: Analytical Study with a Focus on Developing Countries Regarding Patents, 1st Edition, 1999, Dar Al-Nahda Al-Arabia, Cairo, p. 190 and beyond.
- Muhannad Jassim Muhammad, Legal Protection of Designs and Industrial Models, Master’s Thesis, Cairo University Faculty of Law, 2018, p. 15.
- Articles 8, 12, and 13 of the amended Saudi Patent Law.
- Article 27 of the Executive Regulations.
- Article 28 of the same regulations.
- Article 29 of the Executive Regulations.
- Article 60 bis of the same law.
- WIPO, Impact of the TRIPS Agreement on Treaties Administered by WIPO, Memorandum by WIPO International Bureau, 22 May 1996, p. 29.
- Article 19(d) of the Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Designs, amended by Royal Decree No. (M/45) dated 10 March 1445H.
