The overdue regulations implementing the patent section of the Intellectual Property Law of Yemen (Law no. 19 of October 1994) came into force in the country on July 02, 2007. For a long time before that and in the absence of pertinent bylaws, the Patent Office in Yemen was only accepting patent applications. Examination, publication, granting, and payment of annuities were kept on hold pending the issuance of the implementing regulations. These regulations are necessary for nationwide implementation of the patent-related provisions of Law no. 19, given that this law has replaced the old Patent Law which was in force in the former Southern Yemen and has unified patent registration in the whole country.
Main Features of the Patent Bylaws
– Patent applications are examined as to form, novelty, and industrial applicability.
– Patent applications are published in the Official Gazette upon acceptance. Oppositions may be filed within 6 months from publication date.
– Once granted, a patent shall enjoy protection for 15 years from filing date.
– A maintenance fee is due annually on the anniversary of the filing date. There is a 6-month grace period for late payment with a surcharge.
– Absolute novelty is required. However, disclosure of an invention in an official or officially recognized national/international exhibitions shall not be taken into consideration if it occurred within the 6-month grace period preceding the filing date of the patent application.
Filing Requirements
According to the implementing regulations, the documents required for filing patent applications in Yemen are as follows:
1- Power of attorney, legalized
2- Extract from the commercial register, legalized
3- Deed of assignment from the inventor(s), legalized
4- Abstract of the invention in English and Arabic
5- Technical specifications of the invention in English and Arabic
6- Copy of priority document, if priority is claimed, certified
Documents 1 to 5 may be submitted within 60 days from filing date otherwise the application would be deemed abandoned. The priority document must be submitted within 90 days from filing date.
Saba & Co. IP encourages all clients to benefit from the provisions of the new implementing regulations and will be more than pleased to assist in patent registration and maintenance in the country.
Should you have any specific inquiries regarding the subject matter, please do not hesitate to contact us at info@sabaip.com