A draft Patent Law was approved by the Lebanese Minister of Economy and will be published in the upcoming edition of the Official Gazette. The draft law will be officially adopted by the upcoming Cabinet session.
The new patent law will be enforceable on publication in the official gazette. As compared to the current law, the law is more comprehensive, has more scope, is more organized and encompasses latest developments in the patent field. Below are the main points:
1) The General Provisions
Articles 1 & 2 provide for a wider concept for protectable patents involving novelty, inventive step and industrial applicability.
Article 5 extends the protection period from 15 years to 20 years.
2) Application and Grant
In its paragraph 3, Article 8 provides for claiming priority as stipulated in the Paris convention of 1883 provided that the priority document is filed within 3 months as of the filing date. Priority claim can be made upon filing or within two months of the filing date.
A number of amendments have been introduced regarding the fees and grace periods which range from 30 to 60 days.
The Registrar's decisions are subject to appeal. The law stipulates that a patent shall be granted within 60 days of acceptance.
3) Grant, Transfer and Lapse
Article 31 specifies the cases in which a patent lapses under a court decision.
The Articles from 32 to 35 provides for compulsory license granting which is not provided in the current law.
Article 36 governs pharmaceutical patents (whether product or process) and their materials and methods of manufacture and has subjected pharmaceutical patents to a compulsory licensing to be granted by the Minister of Economy and Trade.
4) Contraventions & Penalties
The provisions on contraventions and penalties have been expanded and drastically amended as compared to the current law. The amendments include a clear definition of patent infringement, civil law procedure, precautionary measures and provisional provisions.
5)Semi-Conductor Products
Articles 64 to 73 governed the deposit of semi-conductors, the semi-conductor rights, and the rights transfer and lapsing. The current law does not provide for semi-conductor rights.
Kindly contact our Regional Office for more information.
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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