The Patent Office of Libya has recently announced that it will accept PCT applications designating Libya and entering into the national phase. The Patent Cooperation Treaty came into force in the country back in September 15, 2005, three months after the deposit of the Libyan government of the instrument of accession with the World Intellectual Property Organization on June 15, 2005.
Libya is bound by the Treaty and consequently, any “international” patent application may include the designation of Libya under its country code “LY”. Furthermore, nationals and residents of Libya may file “international” patent applications under the Treaty. It is also worth noting that Libya may be elected for the purpose of international preliminary examination, as it will be bound by Chapter II of the Treaty.
Filing Requirements for a National Phase PCT Application
1. Power of attorney, legalized.
2. Extract from the commercial register or certificate of incorporation, legalized, with sworn Arabic translation.
3. Copy of PCT Request.
4. Copy of International Publication.
5. Copy of International Search Report.
6. Copy of International Preliminary Examination Report (if available).
Time Limits
The time limits which would normally apply under PCT Articles 22(1) and 39(1)(a) are:
Under PCT Chapter I: 30 months from the priority date
Under PCT Chapter II: 30 months from the priority date
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