The Supreme Council of the Gulf Cooperation Council issued the unified Patent Law in December 1992 and the implementing regulation in 1996. The office designated to fulfill the requirements of the law was opened in Riyadh, Saudi Arabia and accepted filing of applications as of October 3, 1998. Protection of the GCC patent extends to members of the GCC Countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and United Arab Emirates.

Once an application for the grant of a patent is filed with the Patent Office, it will be examined with respect to the compliance of the applicant with the formalities. If executed satisfactorily, the application receives a filing number and the filing date is secured. Absolute universal novelty is stipulated by the Patent Law.

Once a GCC Patent application has been filed the applicant must withdraw any application filed in any of the member states within 90 days of the filing to ensure protection. Duplication of a registration in any one of the member countries with the GCC patent will invalidate the Patent.

A patent is valid for fifteen years from the decision of grant and can be extended for another five years. A patent is subject to annuity payments at the beginning of each year starting from the year following publication of the patent grant decision. Late payment maybe possible within 90 days for an additional fee.

The granting of a license does not prevent the patentee from utilizing the patent or from granting a license on the same patent to another person, unless otherwise restricted in the original license agreement. The licensee may not assign the rights and privileges conferred on him, unless his ability to do so is expressly stipulated in the license agreement.

The patentee may exploit the invention covered by the patent as a full industrial application in the country within two years as from the date of grant. Based on reasonable grounds and upon the request of the patentee, this period can be extended for a period not exceeding two years.

If a patent has not been exploited in the Gulf Cooperation Council countries within two years plus any extensions obtained, the Patent Office may grant a compulsory license for exploiting the patent to any person upon application, provided that the applicant proves his capability of exploiting the patent fully.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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