News & insights
Syria: New Patent Law Expected Soon
January 11, 2011
Syria introduced back in 2008 a draft patent law which, once effective, will replace the patent-related provisions of existing legislative Decree no. 47 of 1946. For this draft law to enter into force in the country, it should be first ratified by the Council of Ministers and then approved by the Syrian People’s Assembly and passed by the President. We will be providing you with further details in due course. Meanwhile, please take note of the following main features of this law:
– Product and process patents are available.
– A relative novelty bar exists. More specifically, disclosure of the invention in an official or officially recognized national/international exhibition and/or disclosure of the invention without the knowledge or consent of the inventor shall not be taken into consideration if occurred within the 12-months preceding the filing date or the priority date of the patent application.
– The term of protection is extended to 20 years from filing date.
– A maintenance fee is due annually on the anniversary of the date of grant. There is a 6-month grace period for late payment with a surcharge. Reinstatement of a patent is possible within 6 months form the date the patent is cancelled.
– Patents of Addition are admissible.
– Patent applications accepted by the Registrar are published in the Official Gazette. Oppositions may be filed within 90 days from publication date.
– A patent has to be worked. If the patent is not being fully exploited by the patentee within 4 years from filing date or 3 years from the date of grant, then the patent will be subject to compulsory licensing under the provisions of the law.
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