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Legislative Implementation of Flexibilities - Saudi Arabia

Title:Article 49 of the implementing regulations of Law of Patents, Layout-Designs of Integrated Circuits, Plant Varieties, and Industrial Designs of 26/12/2004
Field of IP:Patents
Type of flexibility:Security exceptions
Summary table:PDF

Provisions of Law

Article (49):

Procedures for security related applications shall be as follows:

1. Each government employee, military or civilian, who invents a device or military ammunition within the scope of his duties, undertakes to assign his invention and all resulting benefits to the competent authority in the government upon its approval.

2. Also, any person, other than the above mentioned, who invents a device or military ammunition, undertakes to assign his invention and all resulting benefits to the competent authority in the government upon its approval. This authority shall pay the person a fair compensation.

3. Each person who assigns his invention to the competent authority in the government in accordance with the above two paragraphs and all others who are aware of the assignment undertake to keep secret the invention and the assignment, and shall not disclose the same except to authorized persons.

4. The competent authority in the government, after obtaining the necessary assignment from the inventors, may apply to the Chairman of the City for a patent for all these inventions and enclose with the application a request to keep the application confidential. The City shall follow all usual procedures in connection with the application and undertake not to publish information about it.

5. The application, specification, drawings, amendments, the patent and any copy thereof shall be kept in a sealed and stamped file, and it shall be at the disposal of the competent authority in the government throughout the term of the protection. It may not be opened save by the competent authority or by its order.

6. Contents of the sealed file may not be made available for publication or review by others under any circumstances.

7. The sealed, stamped file shall be delivered at any time during the term of protection to any person to whom the competent authority in the government requests delivery, and it shall be resealed and stamped again immediately upon its return.

8. The sealed, stamped file shall be sent to the competent government authority after the expiration of the protection period of the invention.

9. An application to repeal a decision granting a patent in accordance with this Article may not be accepted except with the approval of the competent government authority.

10. Initiation of an action for infringement in connection with these inventions may not be permitted.

11. Communications with the competent government authority in connection with an invention that includes the development of weapons or ammunitions for the purpose of examination and study of the invention shall not be considered disclosure or use. Nor shall actions, not deemed to affect the entitlement to the patent, taken by the competent government authority for the purpose of studying and examining the invention.

12. The Chairman of the City may order that the application and invention be dealt with as if licensed to the competent government authority, if he determines that a given invention in the field of weaponry and ammunitions, as described in the patent application, has not been assigned to the competent government authority, is security related, and its publication is prohibited on national security grounds.

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