Steps for obtaining a patent or a utility model

First
Fourth

What is a patent?

Protection right granted by the Patent Office on behalf of the State

Patent is

An exclusive right conferred by an invention which has to fulfil the below requirements:

  • A new product development.
  • A process that provides a new way to do work and researches.
  • Providing a technical solution for certain issues.

First: obtaining a patent or a utility model

Conditions of Patentability (Article 1) of the Intellectual Property Law 82/ of 2002

  • Novelty:

The invention has not previously been disclosed, used or claimed in prior art. The prior art consists of anything publicly described or used before the filing date (priority date).

  • Industrial Applicability:

To be applicable in the industry

  • Inventive Step:

Invention should not be obvious to a person skilled in the art.

(Article 2) of the Intellectual Property Law 82/2002 Patents and Utility Models shall not be granted to those:

  • Researches on the plant or animal species or biological methods of plant or animal production, excluding microbiology methods and its products.

 

  • Diagnostic, treatment, and surgical methods needed to treat humans or animals.

 

  • Principles, discoveries, scientific theories, and mathematical methods.

 

  • Plans, rules or methods for doing business or practicing business. Pure mental activities or a game of play

 

  • Inventions contrary to public order or morality not patentable inventions
(Article 9) of the Intellectual Property Law 82/2002:

The protection period for a patent shall be 20 years as of the date of filing the application according to the PCT agreement.

PATENT HOLDER RIGHTS:

  • The patent holder shall be able to exercise the rights provided for in this Law to identify who can make use of the invention during the protection period.
  • The patent holder shall permit to third parties or providing them with the necessary license in order to make use of the invention under specific conditions.
  • The patent holder shall have the right to sell his right in the invention.
  • The protection shall not prevent third parties from the following acts:
  • Activities related to experiments and scientific research purposes

Which steps shall be essential for obtaining a patent?

Filing a patent with the National Office or the International Bureau

Shall include the following:
  • Name of the invention and technical information about it
  • Invention prior art with a full description and sufficient details to any one skilled in the art to use the invention or to implement it
  • Drawings and designs if any
  • Claims which determine the scope of the protection

National application

Filing non-national application

Filing a national application

Patent regional concept

That is, local protection (within the Arab Republic of Egypt only) and in order to obtain protection in any other countries, a local application must be submitted to the country in which protection is sought. It means that there is no International Patent. However, the Patent Cooperation Treaty system (PCT) enables the protection in the countries in which protection is sought.

Requirements for filing a Patent or Utility Model

(Articles 12, 13) of the Intellectual Property Law 82/2002

(Articles 3, 4) of the Implementing Regulations of Law 1366/2003

 

1- Application form

 

2- (3) copies of the patent application form that should include the following points:

 

  • Abstract in Arabic
  • Abstract in English
  • The description shall also include in a clear manner the new elements for which the applicant seeks protection accompanied, where necessary, by an illustrative drawing of the invention.
  • Applicant national identity
  • The patent application shall be filed by the applicant or his successor in title at the Patent Office, in accordance with the terms and conditions prescribed by the Regulations

3-The applicant may, within 4 months and in accordance with the conditions stipulated in the Regulations, present the rest of the documents:

 

  • Where the invention involves biological, plant or animal product, or traditional medicinal, agricultural, industrial or handicraft knowledge, cultural or environmental heritage, the inventor should have acquired the sources in a legitimate manner.
  • Copy of applicant form from the commercial registration or an official copy of a contract.
  • Necessary documents for the applicant
  • If the applicant is not the inventor or is not the sole inventor, an official form should be presented indicating this matter.

4- The issued Certificate of temporarily Protection if exists.

5- Application fees receipt

6- Paying the corresponding fees for technical examination requests (Research centers and Egyptian universities)

7- If the application is not in Arabic, it should be translated within 6 months

8- Priority document if the application has been filed in another country within 3 months and with an attached translation in Arabic according to Article 5 of the Regulation. Otherwise, application cannot be processed.

Notice

All deadlines are shall be counted from the application filing date, and if it is not submitted on the specified date, the application shall be considered as null  (in relation to Clause 3). The application may not include more than one invention (Article 12) of the law.

 

Notice

Since the filing date, the applicant has up to twelve months, to protect his invention all over the world, to decide in which foreign countries he desires protection or to file an international application which can grant him time limit of 30 months from the international application. For international registration, you should refer to the International Reception Department for getting more information.

Requirements for filing PCT application

The PCT applications can be filed directly with the Egyptian office or to an application previously submitted within 21 months from the application filing date.

  • 3 copies of drawings and designs (If exist)
  • priority patent application in English (If exists)
  • International filing fees
  • International research fees
  • 3 copies of the international patent application
  • 3 copies of the full description
  • 3 copies of the patent protection
  • 3 copies of the Abstract

Notice

Filing a PCT application shall be in Arabic or in English while filing with EGPO as IPEA/ISA

An international patent does not exist. However, a PCT application can be filed in 148 countries and should pass over the countries where the applicant desires to be protected within 30 months from the application filing.

Applicants can select one of these Patent Offices (EGPO- APO – USPTO- EPO)

For more information about the manual, filing patents procedures, law, Regulations, and fees, you can visit:
www.egypo.gov.eg

Second: Utility model

Utility model is a certificate that the Patent Office may grant on behalf of the state for an invention that has not the sufficient inventive step that qualifies it to get a patent
  • The protection period of a utility model granted by the Patent Office on behalf of the State is for 7 years starting from the filing date of the application.
  • Exercising of the rights conferred by this certificate are the same of the patent holder’s rights.
  • Patent steps should be followed to get a utility model certificate
  • Novelty and Industrial Applicability should be shown to get the certificate.
  • null
    مثال : طلب البراءة ونموذج المنفعة

Precautionary measures: (Article 33)

The holder of a patent or a utility model may request the president of the competent court, as may be the case, to order Precautionary measures against products or goods that are claimed to imitate a patented product, according to the detailed description established in the patent or utility model document. The necessary Precautionary measures shall be ordered to preserve such products and goods in their state.

The aforementioned order may be issued before instituting the proceedings. Such order shall lapse if the proceedings are not instituted within 8 days from the date of the injunction.

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The rights conferred by a patent shall lapse and fall into the public domain under the following conditions: (Article 26)

  • Expiration of the protection period according to Article 9.
  • Relinquishment by the patent holder of his rights without prejudice to the rights of third parties.
  • Final decision taken revoking the patent.
  • Failure to pay, within one year from the due date, the annual fees or the overdue penalty of 7% of the annual fees, after notification of payment according to the procedure prescribed by the Regulations.
  • Where the invention is not exploited in Egypt within two years following the grant of a non- voluntary license and upon a request by any interested party submitted to the Patent Office
  • Abuse by the patent owner of his rights, where the non-voluntary license is insufficient to remedy that abuse.

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For more information about filing applications with EGPO:

Patent law and the Implementing Regulations and the international conventions:

https://www.egypo.gov.eg/page.aspx?id=26

Application and research fees:

https://www.egypo.gov.eg/how_apply/required_new_fees_a.pdf

Granted patents database:

https://www.egypo.gov.eg/Search.aspx
Patent applications forms
https://www.egypo.gov.eg/page.aspx?id=42

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Penalties: (Article 32)

Without prejudice to the provisions of Article 10, shall be subject to a fine of not less than 20,000 pounds and not more than 100,000 pounds any party who undertakes:

  • The imitation, for commercialization purposes, of the subject matter of an invention or a utility model for which a patent or an Utility model has been granted in accordance with the provisions of this Law;

 

  • the sale, offer for sale or circulation, importation or possession with the intention to trade, of products known to that party as imitations, where the patent for the invention or the utility model for such products is granted and valid in Egypt;

 

  • The unlawful use, on products, advertisements, trademarks, packaging or others, of indications that may lead to believe that such a party has obtained a patent for an invention or a utility model.

Repetition of the offence shall be punishable by imprisonment for a period of no more than two years and by a fine of not less than 40,000 pounds and not more than 200,000 pounds.

In all cases, the court shall order the seizure of the infringing imitated products and the implements used in the imitation. The conviction decision shall be published in one or more daily newspapers, at the expense of the convicted party.

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Form 1

Download file

Third: Application for temporary patent protection or utility model:

According to the provisions of the preceding Article, disclosure shall not include displaying the invention in national or international exhibitions within the six months before the date on which the application was filed.
  • وﺗﺤﺪد اﻟﻼﺋﺤﺔ اﻟﺘﻨﻔﯿﺬﯾﺔ ﻟﮭﺬا اﻟﻘﺎﻧﻮن أوﺿﺎع وإﺟﺮاءات اﻟﻜﺸﻒ ﻋﻦ اﻻﺧﺘﺮاع :

Article 49

The holder of an invention or utility model, who wishes to benefit from temporary protection for the invention when displayed in a national exhibition held in Egypt or an international exhibition, in accordance with Article 3(ii), second paragraph, of the Law, shall notify the Office of such wish, prior to the display. The notification shall be made on the form established to that effect and shall be accompanied by a brief statement of the description and drawing of the invention. The Office may require from the applicant to furnish such other indications as it deems necessary to understand the elements or purpose of the invention or utility model.

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Article 50

Notifications referred to under Article 49 of these Regulations shall be recorded in a register held by the Office, containing the following data:
1. Date at which the notification was made.
page 14
2. Name of the person making the display.
3. Title, venue, official opening date and duration, of the exhibition.
4. A denomination indicating the subject-matter of the invention or utility model.
5. Date at which the invention or utility model is to be displayed at the exhibition

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Fourth: LAYOUT DESIGNS OF INTEGRATED CIRCUITS:

Definition

For the purpose of this Law, “integrated circuit” means a product, in its final form or an intermediate form, in which the elements, at least one of which is an active element, and some or all of the interconnections are integrally formed on a piece of isolating material and which is intended to perform a specific electronic function.

Layout design means also the three dimensional disposition prepared for an integrated circuit intended for manufacturing.

Protection period

The protection period of a layout design shall be ten years from the date when the application for the registration was filed in Egypt or ten years from the date when it was first commercially exploited in Egypt or abroad, whichever comes first.

In all cases, the protection of a layout design shall cease 15 years from the date of its creation.

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Protection conditions for Layout designs of integrated circuits:

  • Protection under this Law may be obtained for original layout designs of integrated circuits.

    A layout design shall be considered to be new if it is the result of its creator’s own intellectual effort and is not part of the general knowledge common among professionals of the relevant industrial art.

    Nevertheless, a layout design consisting of elements that are part of the general knowledge common among professionals of the relevant industrial art shall also be considered new, if the combination of its components and their interconnections are in themselves original.

    Protection shall not apply to any concept, process, technology or any coded information stored in the layout design of an integrated circuit.

    The applicant may, however, exclude such part or parts of the design provided that the parts submitted are sufficient to identify the layout design and its function.

    The application shall not be accepted if it is filed after two years from the date of its first commercial exploitation, within or outside Egypt, by the owner of the right.

    No natural person or legal entity shall perform any of the following acts without a prior written authorization by the owner of the right to a protected layout design:

    • Reproducing, whether by incorporation in an integrated circuit or otherwise, the whole or any part of the protected layout designs.
    • Importation, sale or distributions of the layout design for the purpose of trade, whether separately, as part of an integrated circuit or as a component of a product.

Requirements for layout designs of integrated circuits form:

a. The application form should be attached by the following documents:

  1. Layout design with the three-dimensional disposition shown.
  2. Sample of the integrated circuit to be protected
  3. Sealed certificate indicating the 1st usufruct of the application in a foreign country
  4. Integrated circuit assignment if the applicant is not the designer
  5. Receipt of payment

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b. The conditions where the rights shall not be granted are as the following:

  1. Expiry of protection period according to Article (48) of the Intellectual Property Law 82/2002
  2. Disclaimer statement
  3. Registration annulment by a court decision
  4. Not paying the related costs on its due dates.

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Forms

Download file
Download Patent User Guide Manual

Intellectual Property

Steps for obtaining patent or a utility model

Patent application procedures & cycle in EGPO

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