The Ministry of Industry and Trade in Yemen issued Ministerial Decree no. 271/2010 on October 31, 2010 which defines the framework of the patent system in the country. This setup was kept on hold ever since the introduction of the implementing regulations of the Intellectual Property Law no. 19 back in 2007.
Earlier, it was only possible to file a patent application in the country. As a result of this Decree, the Patent Office is now receiving new applications and starting the related publication and issuance of the letters patent. We highlight below the main features of this Decree:
– Examination will be based on the following:
(i) The existence of a letters patent or substantive examination results issued by any member state of the Paris Convention.
(ii) The existence of substantive examination results of the corresponding international application if available.
(iii) Official declaration provided by a scientific body in the same field.
– Annuities are due on the anniversary of the filing date with a one month grace period for late payment.
– Patent applications will be published in the Official Gazette upon acceptance. Oppositions may be filed within 6 months from publication date.
It is worth noting that the Yemeni Patent Office is now calling for settlement of publication fees as well as all cumulative annuities of pending cases, which fell due on the first and each subsequent anniversary of the filing date. In light of this, Saba & Co. IP will be reviewing its files for all payments that are due for settlement and will be notifying clients accordingly.
Should you have any specific inquiries regarding the subject matter, please contact us atinfo@sabaip.com