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Legislative Implementation of Flexibilities - Oman

Title:Article 9 of the Law on Industrial Property Rights (Royal decree No. 67/2008)
Field of IP:Patents
Type of flexibility:Substantive examination
Summary table:PDF

Provisions of Law

Article (9)

A) The Registrar shall accord as the filing date the date of receipt of the application, provided that the application contains all of the following elements:

1 - An express or implicit indication, written in the Arabic language, to the effect that the elements are intended to be an application;

2 - Indications, written in Arabic language, allowing the identity of the applicant to be established and information allowing the applicant to be contacted by the Office;

3 - A part which, on the face of it, appears to be a description, written in any language, of an invention;

4 - A reference, written in Arabic language, to the previously filed application if appropriate.

B) If the Registrar finds that the application did not fulfill the requirements he shall notify the applicant to file the required correction and shall accord as the filing date the date of receipt of the required correction, but if no correction is made, the application shall be treated as if it had not been filed.

C) 1 - Where, in establishing the filing date, the Registrar notices that the application refers to drawings which are not included in the application, the Registrar shall promptly invite the applicant to furnish the missing drawings. The Registrar shall accord as the filing date the date of receipt of the missing drawings. Otherwise, the Registrar shall accord as the filing date the date of receipt of the application and shall treat any reference to the said drawings as non-existent.

2 - Where, in establishing the filing date, the Registrar notices that a part of the description appears to be missing; the Registrar shall promptly invite the applicant to furnish the missing part of the description. The Registrar shall accord as the filing date the date of receipt of the missing part. Otherwise, the Registrar shall accord as the filing date the date of receipt of the application and shall treat any reference to the said part as non-existent.

3 - After according a filing date, and having the invention classified according to the International Classification, the Registrar shall examine whether the application complies with the requirements prescribed in this law and its executive regulations.

4 - A - Immediately after eighteen months from the filing date, the Registrar shall open the patent application for public inspection. Public notice of that act shall be given by means of the publication in the Official Gazette of the following elements:

1) the number and the filing date of the application;

2) the title of the invention;

3) the name of the applicant(s) and of the inventor(s);

4) the priority date;

5) the international classification;

6) one drawing, if any, that depicts the main element(s) of the invention;

7) the abstract.

B - Any interested person shall receive a copy of the full contents of patent applications opened for public inspection, provided the prescribed fees are paid.

C - The Registrar shall not give access to or information about the contents of the patent application to third persons until the notice is published in the official gazette.

D - Upon payment of the prescribed fee, at any time between the filing date and the end of the eighteen-month period, the applicant may request the Registrar to open the application for public inspection and to publish the notice in the official gazette.

5 - A - Within (36) thirty six months from the filing date, the patent applicant or any other interested person may request the Registrar that the patent application be examined as to its compliance with the conditions under this law, provided that the request be accompanied by payment of the prescribed fee which shall take into account the number of claims. The Registrar shall publish in the Official Gazette the request for examination.

B - If the request that the previous paragraph refers to is not submitted within the prescribed term the application shall be deemed abandoned.

C - Within one hundred twenty (120) days from the publication in the Official Gazette of the notice of the request for substantive examination any interested party may file with the Registrar information relevant to patentability as well as relevant evidences.

6 - For the purposes of the examination of the patent application under the previous paragraph, the Registrar shall take into account

A) the results of any international search report and any international preliminary examination report established under the Patent Cooperation Treaty in relation to the application; and/or

B) any search and examination report or a final decision submitted under Article 8(2) and 8(4) on the refusal to grant a patent on, a corresponding foreign application; and/or

C) any search and examination report which was carried out upon his request by an external search and examination authority or by a specialized agency of the Government of Oman.

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