Patent

Patent

Filling a patent application

Filling a patent application according ( PCT)

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.

The provisions of the patent law 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, Inventive Step and Industrial Applicability when examining the patent.

Patent applications are examined closely as to the formalities and technical requirements. Once the application is accepted, it is automatically published in the Official Gazette. Any interested party may oppose the grant of a patent within 30 days as of the date of publication. The opposition notice is submitted to the competent committee. Should no opposition against the grant of a patent be filed, or the committee will reject an opposition, the charges of unities and registration fees , which is the final step before grant, must be paid to the Patent Office to obtain letter patent .

It takes an average of 2 years from the filing date of the patent application to mature into a granted patent. Annuities are to be paid every year as of 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 the annuity.

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 30 days as of the receipt of the notice, served to him by the Patent Office. Approved applications are published in the Official Gazette and are rendered open for public inspection.

A patent is valid for 20 years starting from the date of filing the application. Annuities should be paid until the expiry of the patent protection period.

Working of patents is compulsory in Egypt. In the event that the owner of a patented invention does not satisfy the stipulated working requirements within 3 years as of the date of the grant, or within 4 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.

The rights conferred by a patent on the registered patent 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.

Infringement of the rights of a patent is punishable under the provisions of the current patent law.
Filing Requirements
1. A Power of Attorney legalized by Egyptian Consulate.
2. A deed of assignment legalized by Egyptian Consulate.(PCT – non )
3. The name, address, nationality and profession or nature of business of the applicant(s) and the inventor(s).
4. The specification in English or French for preparing the Arabic translation. The specification must be subdivided as follows:
a. Prior art,
b. Drawbacks of the prior art,
c. What is new about the invention (improvements),
d. Detailed description,
e. Mode of exploitation of the invention,
f. Claims of the invention.
5.Abstract of the invention in English and Arabic (about 100 words).
6. One set of the formal engineering drawings.
7. 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 by Egyptian Consulate.
8. A certified copy of the priority document must be submitted within three months, in case it is claimed.
Legal Notes :

– Items 1, 2, and 7 must be available within 4 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 6 months.
– Item 8 must be filed within 3 months from the filing date.
– For PCT applications, items 2, 7 and 8 are not required, unless the name of the applicant filed for the Egyptian national phase is different from the applicant in the PCT publication then items 2 and 7 are needed.

Specialist Hanafi Law & Partners Services

We, at Hanafi Law& Partners Intellectual Property realize this growing importance of Intellectual Property Rights (IPRs) protection, in general, and patents in particular; therefore we have restructured our Patents Department to cater to our clients’ needs and provide them with the best-in-class services.

With a widespread and well-established network of 60 fully-owned offices in the Middle East and North Africa as well as associate and correspondent offices all over the world; Hanafi Law& Partners Intellectual Property (Patents Department) will handle all your patent matters with utmost professionalism.

While our Patents Department still offers the conventional services of patent filing, publication, granting and unity , our new patent services include; but are not limited to:

Patent drafting:

Hanafi Law& Partners provides its clients with a professional vision in this aspect; where claims, full description of the invention and drawings are drafted in compliance with the different patent laws in the world.

Pre-filing search: Through the International databases, the Patents Department in cooperation with our offices in Europe and USA by a highly trained and skilled staff will conduct the patent search to check the absolute novelty, inventive step and industrial applicability for the desired applications in the region before filing, and to find all documents related to your invention.

Validation system: We will not spare any effort to accelerate the examination procedures at the national patent offices; therefore we offer our clients: – Search reports analysis: to find any granted patents for the desired applications that would be valid at the national patent offices. – Amendments on claims: to make the application pursuant to the national patent laws. – Follow-up on examination process: the “validation process” will be completed by issuing a granted patent.

4. Patent infringement follow-up: Market Watch is actively and continuously conducted to alert us of any kind of infringement; thus guarantying maximum protection for your patents.

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HANAFI LAW & Partners
( T.HANAFI & K.FAHMY ) Established 1959 Law firm Business Consultants of Intellectual Property

16 Sherif St., Cairo – EGYPT Tel :- ( 202 ) 2 392 1647 Fax:- ( 202 ) 2 395 3006 info@hanafilaw.com www.hanafilaw.com