Egypt: Summary of the Patent Registration System in Egypt

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 that may be necessary to bring the application into conformity with the law. In the event the applicant does not comply with the requirements of the Patent Office within a given period of three months as authorized by the Comptroller, a patent application will be treated as renounced. In August 1999 the registrar issued a notice which allows for a delay of 6 months in filing the Arabic translation if the priority document is available upon filing. The Power of attorney, the deed of assignment and the certificate of incorporation or the extract of the commercial register must be filed within four months from filing date.

The provisions of the Patent Law in Egypt 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 in Egypt. The Patent office currently receives all published patents worldwide and stipulates absolute novelty when examining the patent.

Patent applications are examined closely as to the contents and novelty of the invention. Once an application is accepted, fifteen copies of the Arabic specification and claims should be printed and submitted along with the drawings for circulation purposes. It takes about three years for the letters patent to be issued after the usual acceptance process and this involves additional costs to the applicant. Annuities are to be paid every year as from the filing date of the application even before the patent is granted.

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 thirty days as from the receipt of the notice served to it by the Patent Office. Approved applications are published in the Official Gazette and are rendered open for public inspection. Any interested party may oppose the grant of a patent within two months as from 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 should an opposition be rejected by the committee, a decision granting the patent is issued and published in the Official Gazette.

A patent is valid for fifteen years starting from the date of filing the application; except pharmaceutical patent applications which are valid for ten-renewable years. Such a validity is subject to payment of the prescribed annual fees. After the fifteen-year period, a patent can be renewed for further five years provided that the patentee applies for such a renewal during the last year of protection and furnishes acceptable reasons justifying his request for the extension of the basic validity term. Annuities should be paid until the expiry of the patent protection period.

The rights to a patent may be assigned or transferred through succession. The assignment of patent applications and granted patents must be made in writing. An assignment shall have no effect against third parties unless it has been published in the Official Gazette and duly entered in the relevant records of the Patent Office.

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 three years as from the date of grant or if working the invention ceases for two consecutive years, then the patent will be subject to compulsory licensing under the provisions of the law. If within two years as from the grant of the compulsory license, the licensee does not exploit the patented invention, any interested party may apply to the Patent Office demanding the cancellation of the subject patent for non-working.

The rights conferred by a patent on the registered patentee lapse with the end of the protection period as prescribed by the law, lawful assignment of the patent rights, final court decision to this effect, or non-payment of a due annuity within six months after the respective due date.

Infringement of the rights of a patentee is punishable under the provisions of the current Patent Law.

Egypt signed the TRIPs Agreement in 1995, therefore pharmaceutical and food products can be filed as mailbox applications during the transitional period.

Plant Varieties maybe protected as per the Protocol issued by the Ministry of Agriculture in 1998. The protection can be ensured provided registration of the plant variety is accepted. Variety Identification Tests are conducted by the special committees that approve the variety only after the third year or harvest depending on the product. More information is available upon request.

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.

For further information you make also like to view the Intellectual Property Bulletins published monthly by Abu-Ghazaleh Intellectual Property - IP Bulletins