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Implementing Regulations of the Law on Patents, Layout-Designs of Integrated Circuits, Plant Varieties, and Industrial Designs (issued by Administrative Decision No. 118828/M/10 dated 14/11/1425H (December 26, 2004))

 Saudi Arabia - Implementing Regulations of the Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Designs, Regulations 2004

Implementing Regulations of the Law of Patents, Layout Designs of

Integrated Circuits, Plant Varieties, and Industrial Designs

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Part One General Provisions

Article (1): Definitions

The following terms and phrases, wherever mentioned in this Law, shall have the meanings expressed next to them, unless the context requires otherwise:

City: King Abdulaziz City for Science and Technology.

Directorate: The General Directorate of Patents at King Abdulaziz City for Science and Technology.

Law: The Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Designs.

Regulations: The Implementing Regulations of the Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties and Industrial Designs.

Subject-Matter of Protection: Either an Invention, Lay-Out Design of an Integrated Circuit, Plant Variety or Industrial Design.

Committee: The Committee provided for in Article Thirty Five of the Law.

Paris Union: The Union constituted pursuant to Article One of Paris Convention for the Protection of Industrial Property, consisting of member states of the Convention.

Article (2): The Directorate

The Directorate is responsible for implementing the provisions of the Law and the Regulations. It may especially perform the following:

1. Receive protection applications, follow-up their processing and prepare the protection documents.

2. Propose issuance and amendment of the necessary forms to carryout its duties.

3. Recommend the granting and issuance of protection documents and publish information regarding the same.

4. Utilize information technology in dealing with protection applications and documents.

5. Propose the necessary amendments to the provisions of the Law and the Regulations.

6. Propose licensing regulations for attorneys-in-fact and lawyers to practice their profession before the Directorate.

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Article (3): Rules for Dealing with the Directorate

1. Correspondence with the Directorate shall be addressed to the “Director General of the General Directorate of Patents” at King Abdulaziz City for Science and Technology in accordance with the mailing address determined by the Directorate or by any other means acceptable to it.

2. Correspondence with the Directorate shall be in writing. The appearance in person of the applicant or the agent is not necessary. Procedures taken by the Directorate shall be based on what is presented to it in writing, without any regard to verbal promises and understandings.

3. Correspondence with the Directorate in connection with the applications shall refer to the application's number. Any non-complying correspondence shall be returned to the sender at the address mentioned therein.

4. Applications for granting protection documents and any relevant documents or correspondence shall be delivered to the Directorate by hand or by mail. It may decide to accept delivery thereof electronically.

5. Notices and correspondence relating to the applications for protection and protection documents shall be delivered by the Directorate by hand or by registered mail, and all correspondence from the Directorate shall be sent to the applicant or the agent at the address recorded with the Directorate and all such notices shall be deemed legally binding.

6. Any period expiring on weekends or official holidays of the Kingdom shall be extended to the first working day following these holidays.

7. The Directorate shall stamp the date of receipt on all correspondence it receives in connection with the application for protection documents.

Article (4): Directorate's Records and Files

1. The Directorate shall prepare records for different protection documents applications and registers for protection documents, where the main data of the applications and protection documents and any amendments thereof shall be recorded.

2. Published files of forfeited applications for protection documents shall be available for review by the public.

3. Applications for protection documents which are published or forfeited before publication shall be made available for review by the public.

4. Copies of the applications mentioned in 2 and 3 may be obtained upon payment of a fee.

5. Applications for unpublished protection documents shall remain confidential. However, information may be given regarding whether the application is still pending or is forfeited or a patent has been granted and whether the application has been published. The Directorate may provide this information electronically only.

6. The Directorate shall keep the originals of the applications or copies thereof for a period of five years from the date of withdrawal, rejection of the application or forfeiture of the right to the protection document or expiration of its term.

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Article (5): Payment of Fees

1. Fees shall be paid in accordance with the table of fees approved by the Law and attached to these Regulations by a check made to “King Abdulaziz City for Science and Technology- Patents” or by depositing in the bank account of the City designated for that purpose or in the manner determined by the Directorate.

2. The Directorate shall, upon request, refund any sums paid by mistake or paid in excess of the fees.

Article (6): Gazette and Other Publications

1. The Directorate shall publish a periodical gazette in Arabic containing all that is required by Law to be published. The Gazette may also contain all that relates to the subjects and laws of protection, such as amendments, notices and news. If necessary, it may contain a translation of some information into English.

2. The Gazette shall be issued in serial numbers, carrying both the Hijri and Gregorian calendar dates, and the Directorate shall make it available electronically on the Internet and shall keep a number of copies.

3. The Directorate may provide government and other bodies with free copies of the Gazette. Subscription may be by payment of specified subscription fees or according to the exchange system, whether inside or outside the Kingdom.

4. The Directorate may publish the following in paper or electronic forms:

(a) Protection documents applications and protection documents containing the specification.

(b) Decisions issued by the Committee.

5. The Directorate may exchange these publications with others and with other patent offices.

6. The Directorate shall provide public libraries with a copy of the applications for protection and the granted protection documents in paper or electronic form.

Article (7):

1. When publishing applications for patents and applications for plant patents, the Directorate may do it electronically on the Internet only.

2. The Gazette shall contain the following:

1. The first page of the application for patents and plant patents.

2. The first page of the granted protection documents.

3. A list of protection applications and protection documents whose ownership has been changed or transferred.

4. A list of protection applications and protection documents that are forfeited.

5. A list of the rejected applications for protection.

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6. A list of the withdrawn applications for protection.

7. A list of the applications for protection and protection documents whose data have been amended.

8. A list of the denominations of the plant varieties included in the applications for plant patents.

9. A list of the new denominations of plant varieties.

10. A list of the abandoned protection documents.

11. Decisions of compulsory licenses, amendments, withdrawals, transfer to others and abandonment thereof.

12. Decisions issued by the Committee invalidating the decision of granting the protection document.

13. Decisions issued by the Committee in connection with the infringement on the subject matter of protection.

Part Two Conditions and Provisions for Filing an Application

Article (8):

1. Applications for granting protection documents and forms shall be submitted in paper form typed on computer in Arabic (in Simplified Arabic, size 14 font and shall be bold, clear and distinct) A copy on an electronic medium shall be provided in accordance with the conditions stated in the chapters of this Part. The forms shall contain all the information required and answers to all the queries.

2. The Directorate shall determine as a date of filing, the date of receipt of the application for protection satisfying all the requirements stipulated in Articles 9 to 27 according to each subject matter of protection.

Chapter One Conditions and Provisions for Filing a Patent Application

Article (9): Conditions for Filing an Application

1. The application shall include form (No.101) “Application for Patent”, the specification of the invention and any relevant enclosures.

2. The denomination of the invention shall comply with the specified conditions for filling the application form and shall not be different from the denomination mentioned in the specification of the invention.

3. The documents submitted shall be original copies or certified by the competent authorities.

4. Payment of the filing fees at the time of submission of the application.

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5. The applicant shall satisfy all the requirements of the Directorate related to the application.

Article (10): Conditions for Filling Form No. (101) “Application for a Patent”

Form No. (101) “Application for a Patent” shall be filled clearly and shall contain the name of the invention, the name of the applicant, his address, place of residence and place of work, the name of the inventor and his address and the name of his agent, if any, and his address, as well as information regarding priority and disclosure. The fields of the form shall be filled in accordance with their numbers as follows:

1. Name of the Invention:-

The name of the invention shall be brief and specific, preferably of not more than seven words. General statements such as “A Chemical Process”, “An Electronic Equipment”, “An Electric Machine” and “An Organic Compound of New Characteristics” shall not be considered as names of an invention. In order to shorten the name of the invention some statements shall not be used, such as “New Method of _ _ _ _ _ _ _ _ “, “Improvements in _ _ _ _ _ _ _ _ _”, “Development in _ _ _ _ _ _ _ _ _”. An example would be: “Improvements on a Building Structure Made of Ready Made Elements for Easy Installation”.

2. Name of the Applicant:-

For individuals, the name shall be identical to what is in the identification document and in the following order: First name, father’s name, grandfather’s name, family name. As to corporations and companies, it shall be identical to the official name. If there are more than one applicant, the information relating to the first applicant shall be recorded in this part and the information relating to the remaining applicants shall be recorded in the special attachment for that purpose (Form 101-A). Correspondence between the Directorate and the applicants shall be made through the first applicant if there is no agent. If the applicant is not the inventor, the document showing the transfer of the right to him shall be attached.

3. Name of the Inventor:-

The name of the inventor shall be identical to what is stated in the identification document and in the following order: First name, father’s name, grandfather’s name, family name. If there are more than one inventor who actually participated in the invention, the information relating to the first inventor shall be recorded in this part, and the information relating to the remaining inventors shall be recorded in the special attachment for that purpose (Form 101-B).

4. Priority and Disclosure Information:-

If the invention was previously disclosed, the documents showing the date of disclosure and the reasons for that shall be attached. If the applicant is a national of one of the States of the Paris Union or a resident in one of them and desires to claim priority of an application previously filed in one of the states of the Union, the information relating to the priority claim (the state, the number of the application and the date of filing) and the number of the patent and its date, if any, shall be stated. In case there are multiple priorities, the information relating to the first priority shall be filled in Form (101) and the information of the subsequent priority in Form (101-C) and an approved copy of the previous application and a translation thereof shall be attached within three months. The information regarding other previous filings shall also be mentioned in Form (101-C).

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5. Attachments:-

Labels of the attachments to the form (the specification and any other attachments), and the number of their pages in figures and letters shall be recorded in accordance with the general conditions of the specification. In case of a priority claim, any attachment in this respect shall be referred to.

6. Name of the Agent:-

The name of the agent shall be stated, and he shall be authorized by a power of attorney issued by a notary public, if the principal is in the Kingdom. If the principal is outside the Kingdom, it is necessary to have a power of attorney approved by the competent authorities and certified by the Kingdom's embassies abroad, and the agent shall attach proof that he is licensed to practice such a profession in the Kingdom.

7. Declaration:-

The name of the applicant or the agent and his signature shall be given in this part. The seal of the authorized agent – if any – shall be added. It shall be stated therein that the applicant or the agent is responsible for all the consequences of not providing the correct information.

Article (11): General Conditions for the Specification:

1. The Specification shall include the following contents and in the following order: “Summary”, “Full Description”, “Elements of Protection” and “Illustrations”.

2. The beginning of each type of content shall be the beginning of a new page, and the name of each type of content shall be given in the centre of the line at the top of the page and shall be underlined. The specification papers (other than the drawings) shall be numbered consecutively; with the page number in the centre under the top margin (but not within it).

3. The summary and the full description shall begin with the name of the invention.

4. The specification shall be submitted in one original and two identical copies which can be directly duplicated by all means of duplication.

5. White size A4 paper shall be used.

6. The papers shall be clean, with no scratches, amendments, cancellation or any carbon stains.

7. Only one side of each paper shall be used.

8. The space between lines shall be about 1 cm.

9. Dimensions of margins (except for the drawings) in all pages shall not be less than the following: top 2 cm., right 2.5 cm., bottom 2 cm., left 2 cm., and they shall not be more than the following: top 4 cm., right 4 cm., bottom 3 cm., left 3 cm.. The margins shall be completely clear.

10. The lines of each page shall be numbered. For this purpose, it is sufficient to number the fifth, the tenth lines, etc... This shall be to the left of the right margin, except for the

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“Elements of Protection” where all the lines for each individual element shall be separately numbered.

11. The summary, the full description and the elements of protection may include names, symbols, formulae, mathematical and chemical equations, scientific terms and others in Latin letters and none of them shall contain illustrations. As for tables, if any, they shall be included in the full description of the specification.

12. Measurements shall be in the metric system and the temperature degrees in centigrade. The other units may be subsequently mentioned between parenthesis.

13. It is necessary to attach drawings and illustrations if that leads to full and clear understanding of the invention.

Article (12): Instructions Relating to Applications when Translated into Arabic

1. The scientific term shall be given in its original language with the Arabic synonym, when used for the first time. Subsequently, the Arabic name only is given, except for the elements of protection where the term shall be repeated in both languages.

2. In case of use of abbreviated names in a foreign language, the full name in both Arabic and English shall be mentioned when used for the first time in the text. Subsequently, the abbreviation only shall be given.

3. The same Arabic term for a Latin word shall be used when the Latin term recurs in the text.

4. Symbols, units, names and basic physical constants approved by the International Union for Pure and Applied Physics (IUPAP)– the SUNAMCO Committee-- published in the Union Document No. 25 shall be adopted.

5. Latin letters shall be used in accordance with the IUPAC* System for writing structural figures and chemical formulae, symbols of chemical elements, compounds, and names. If the chemical name appears in the title it shall be written in both Arabic and Latin.

6. References, research papers, articles and scientific books shall be written in their original language.

Article (13): Conditions Relating to the Summary

1. The summary shall not occupy more than half a page or one page in exceptional cases.

2. If there are illustrations, there shall be a reference in the summary to the figure that generally represents the invention, and the number of this figure shall be given at the end of the summary.

3. If there is reference in the summary to constituents present in the figure mentioned in the previous paragraph, and if numbers or letters are used therein to identify these constituents, such numbers or letters shall be given between parenthesis within the text in the summary.

4. The technical field shall be mentioned in the summary, in addition to a brief description of the most important constituents of the invention and its primary use.

* IUPAC= INTERNATIONAL UNION OF PURE AND APPLIED CHEMISTRY

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5. The summary shall be written in simple language providing a clear idea of the solution of the technical problem so as to be used for providing technical information and as an aid in the field of scientific research. It shall be noted, however, that the summary shall not be used for the interpretation of the scope of protection.

6. The anticipated significance, value or merits of the invention shall not be mentioned.

7. An English version of the summary, if any, shall be attached.

Article (14): Conditions for Full Description

The full description shall be sufficiently clear for the invention to be carried out by a person skilled in the art. The applicant shall indicate the best mode known to the inventor to carry out the invention at the filing date or the priority date of the application. The full description shall include the following parts:

(1) “Background of the Invention” where the technical field of the invention shall be indicated and a description of the previous state of technology is given, including any documents of which the inventor is aware, in addition to mentioning any problems relating to the previous state of technology the invention may overcome.

(2) “General Description of the Invention” which shall indicate the merits of the invention compared to the previous state of technology and how to overcome previous difficulties or problems. It shall also indicate the purpose of the invention. All that shall be in a clear manner understood by an average person in the field of technology. This part usually relates to the primary element of protection.

(3) “Brief Explanation of the Drawings” where a brief explanation of the figures and their sectors, if any, is given.

(4) "Detailed Description” where a detailed explanation of all aspects of the invention and the method of its industrial application are given, disclosing the best way of manufacturing, implementing or using it or its function. The explanation shall also include a detailed reference to the illustrations attached.

The above parts shall be sequentially ordered, under the following headings:

“Background of the Invention”, “General Description of the Invention”, “Brief Explanation of the Drawings”, “Detailed Description”. The heading shall be given at the beginning of the line and shall be underlined. The beginning of the part does not require the beginning of a new page.

Article (15): Conditions for Elements of Protection

(1) The application shall contain at least one independent element of protection. It may contain other dependent and independent elements of protection, and they shall be numbered consecutively, provided that the number one element of protection is the one known in the widest scope required.

(2) The elements of protection shall give a full definition of the required scope of protection including the new basic constituents of the invention or the innovative steps. It shall also be of a specific scope, compared to what is disclosed in the full description.

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(3) The elements of protection shall be clear and interconnected and shall define the essence of the invention (not its merits) in a specific manner which enables one to check the scope of protection without recourse to the full description or the illustrations, except when absolutely necessary.

(4) The elements of protection shall be formulated, whenever possible, in such a way as to identify the innovative step or the new part in the scope of protection. For example, the invention to be protected shall be defined by specifying its constituents and technical specifications, followed by the phrase, “which is distinguished by … “ or “the improvement includes ….” or any other similar phrase. Then the novel or innovative aspect that distinguishes it from any other invention shall be mentioned.

(5) If the application contains illustrations and there is reference in the element of protection to constituents present in one of the figures that include numbers or letters used to identify these constituents, these numbers or letters may be mentioned between parenthesis within the text in the element of protection.

Article (16): Conditions for Illustrations

(1) Illustrations shall be on size A4 paper, resulting in good and clear drawings that may be duplicated clearly.

(2) Dimensions of the margins in all pages shall not be less than: top, 2.5 cm, right, 2.5 cm, bottom, 1 cm, and left, 1.5 cm.

(3) Pages shall be numbered consecutively, mentioning the total number of the pages of the illustrations, such as 1/4, 2/4, 3/4 and 4/4. This shall be under the top margin in the centre of the page.

(4) The page may contain more than one figure, and it is possible when necessary to put one figure on more than one page provided that they can be easily arranged side by side to make one drawing.

(5) Figures shall be given separate numbers irrespective of the number of the page and whenever possible care must be taken to arrange and assemble them in accordance with their consecutive numbers.

(6) The size of the numbers of the constituents of the figures of the illustrations, or the letters used to identify the constituents, shall not be less than 3 mm. The same numbers or letters shall be used in the different drawings to identify the same constituents.

(7) Illustrations may not be shaded and shall be of dark black lines, and the places of the sector shall be indicated with broken lines.

(8) Illustrations may not contain any words or otherwise for the purpose of description. When absolutely necessary, some words may be used to explain some of the main features.

Article (17): Other Attachments to the Application

The applicant shall provide the Directorate with a copy of the examination and research reports together with copies of applications previously filed or patents already granted by other offices for the same invention.

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Chapter Two: Conditions and Provisions for Filing an Application

for a Certificate of a Layout Design of an Integrated Circuit

Article (18): Conditions for Filing an Application

1. The Application shall include the following:

a. Form No. (201) “Application for a Certificate of a Layout Design of an Integrated Circuit” where the information shall be recorded in accordance with Article 19 below.

b. A brief and accurate description of the design, including the information that defines the electronic function performed by the integrated circuit.

c. A clear drawing or picture of the design. Parts of the drawing or picture related to the method of manufacturing the integrated circuit may be excluded, provided that the remaining parts are sufficient to explain and identify the design.

d. Any other relevant attachments.

2. A sample of the integrated circuit shall be enclosed if it is the subject of commercial exploitation, if requested by the Directorate.

3. Only one side of each paper shall be used.

4. The submitted documents shall be original copies or certified by the competent authorities.

5. Payment of the application fees at the time of filing.

6. The applicant shall satisfy all the Directorate’s requirements relating to the application.

Article (19) Conditions for Filling out Form No. (201), “Application for a Certificate of a Layout Design”

Form No. (201), “Application for a Certificate of a Layout Design” shall be filled out clearly as follows:

1. Name of Design: It shall be concise and precise.

2. Date and Place of First Commercial Exploitation: This information shall be recorded if the design has been exploited commercially anywhere

in the world.

3. Name of Applicant: For individuals, the name shall be identical to the name in the identification document in the

following order: first name, father’s name, grandfather’s name and family name. As for establishments and companies, it shall be identical to the official name. If there is more than one applicant, data relating to the first applicant shall be recorded in this part, and the data relating to the remaining applicants shall be recorded in the attachment designed for that purpose, (Form No. (201- A)). Communication between the Directorate and the applicants shall be through the first applicant if there is no agent.

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4. Name of Design Innovator: The name shall be identical to the name in the identification document in the following

order: first name, father’s name, grandfather’s name and family name. If there is more than one innovator, the data relating to the first innovator shall be recorded in this part and the data relating to the other innovator shall be recorded in the special attachment designed for that purpose (Form No. 201-B).

5. Name of Agent: The name of the agent shall be stated, and he shall be authorized by a power of attorney

issued by a notary public if the principal is in the Kingdom. If the principal is outside the Kingdom, it is necessary to have a power of attorney approved by the competent authorities and certified by the Kingdom's embassies abroad, and the agent shall attach proof that he is licensed to practice such a profession in the Kingdom.

6. Attachments: Labels of attachments to the form (figures and any other attachments) and the number of

their pages shall be written in numbers and letters, and in the case of previous commercial exploitation any attachments in this respect shall be indicated.

7. Declaration: In this part shall be given the name of the applicant or the agent and his signature. The

seal of the authorized agent, if any, shall be added. It shall be stated that the applicant or the agent is liable for all the consequences of not providing the correct information.

Chapter Three: Conditions and Provisions for

Filing an Application for a Plant Patent

Article (20): Conditions for Filing an Application

1. The application shall include Form No. (301), “Application for a Plant Patent”, and the technical description of the variety according to the forms of each plant genus protected by these Regulations, as well as any relevant attachments.

2. An application may not include more than one protection application of one variety.

3. White size A4 paper shall be used, and the paper must be clean and free from amendments, cancellation and carbon stains.

4. The technical description of the variety shall be submitted in one original and two true copies.

5. The denomination of the plant variety mentioned in the technical description of the variety shall be identical to the denomination mentioned in the form and the official documents.

6. The documents submitted shall be original or certified by the competent authorities.

7. Application fees shall be paid at the time of filing the application.

8. The applicant shall satisfy all the Directorate’s requirements relating to the application.

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Article (21): Conditions for Filling out Form No. (301), “Application for a Plant Patent”

Form (301), “Application for a Plant Patent”, shall be filled out in a clear manner. It is preferable to add the name of the applicant, the name of the plant breeder and the data relating to priority and disclosure in English. The form shall be filled out according to its numbers as follows:

1. Name of the Plant Variety or the Suggested Denomination: The denomination of the variety shall be given in this part. If there is no denomination, a suggested denomination of the variety or a temporary one that refers to the plant breeder shall be submitted. The denomination of the plant variety may consist of one word or a group of words and numbers or a group of letters and numbers with or without meaning, provided that the constituents of the denomination make it possible to identify the variety.

Genus and Species: The scientific name of the variety shall be mentioned by mentioning its genus and species in Latin, in italics or underlined, according to the conventions of writing a scientific name.

Common or Commercial Name: If there is a common or a commercial name for the variety it shall be given in Arabic, English or Latin.

2. Name of Applicant: For individuals, the name shall be identical to the name in the identification

document in the following order: first name, father’s name, Grandfather’s name and family name. As for establishments and companies, it shall be identical to the official name. If there is more than one applicant, the first applicant’s data shall be recorded in this part, and the data relating to the remaining applicants shall be recorded in the attachment designed for that purpose, (Form No. 301-A). Communication between the Directorate and the applicants shall be through the first applicant if there is no agent.

3. Name of the Plant Breeder: Name of the plant breeder shall be identical to the name in the identification document in the following order: first name, father’s name, grandfather’s name, and family name. If there is more than one breeder who actually participated in the breeding of the plant, data relating to the first breeder shall be written in this part and the data relating to the remaining breeders shall be recorded in the attachment designed for that purpose (Form No. 301-B)

4. Name of the Agent: The name of the agent shall be stated, and he shall be authorized by a power of attorney issued by a notary public if the principal is in the Kingdom. If the principal is outside the Kingdom, it is necessary to have a power of attorney approved by the competent authorities and certified by the Kingdom's embassies abroad, and the agent shall attach proof that he is licensed to practice such a profession in the Kingdom.

5. Attachments: Labels of attachments to the form (technical specification of the variety and any

other attachments) and the number of their pages shall be recorded in numbers and letters, in accordance with the general conditions of the technical specifications of the variety. In case of a priority claim, any attachments in this respect shall be indicated.

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6. Priority and Disclosure Information: If the plant variety was previously disclosed or sold or the propagating materials were previously sold, the documents showing the date and reasons for disclosure shall be attached. In the case of a priority claim, there shall be mentioned the name of the state, date and number of application, date of publication and the number of the plant patent (the number of granting the patent to the plant breeders) and its date, if any. A certified copy of the previous application and a translation thereof shall be attached within three months. Data relating to other previous filings shall be given in form No.( 301-C).

7. Declaration: In this part shall be written the name of the applicant or the agent and his signature. The seal of the authorized agent, if any, shall be added. It shall also be stated that the applicant or the agent is liable for all the consequences of not providing the correct information

Article (22): Conditions for the Technical Description of the Variety

When submitting the technical description of the variety it shall include the following:

1. Denomination of the variety.

2. Specification of the plant classification (by giving both its Latin and local denomination).

3. Full disclosure of the origin of the variety and the method of breeding.

4. A detailed description of the consecutive stages of the choice and propagation processes which were used to breed the variety.

5. Proof of the uniformity of the variety showing the degree of variation in any of its characteristics.

6. Statement of the stability of the variety showing the number of cycles of propagation during which none of the distinguishing features has undergone any change and the changes noted during the propagation process, and its repetition, together with a repetition of the noted or expected confusion.

7. Statement that the variety is distinct showing clearly how it is distinguished from other varieties descending from the same species. If there is similarity between the variety and other varieties the applicant shall specify these varieties with a detailed description of the differences among them. Samples of propagation materials or other plant samples of the variety or a photograph shall be provided, if this helps show the distinctiveness of the variety very clearly.

8. Illustrations of the variety, if they are necessary to identify it, along with a brief description thereof, if any.

9. A picture for the plant or its main parts, especially decoration or unknown plant.

Article (23): Other Attachments to the Application

The applicant shall provide the Directorate with a copy of the examination and the research reports, along with requested copies of the previously filed applications or plant patents (breeder’s rights) granted by other offices in connection with the same plant variety.

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Part Four Conditions and Provisions for Filing

an Application for a Certificate of an Industrial Design

Article (24): Conditions for Filing an Application

(1) An application for a certificate may include more than one industrial design provided that all of them are of the same class, according to the International Classification of Industrial Design (Lokarno Classification), or the same group or the same structure. The applicant shall pay the fees prescribed for each industrial design.

(2) The application shall include Form No. (401) “Application for a Certificate of an Industrial Design” and Form No. (401-A) “Data of the Industrial Design” and any other relevant attachment as well as figures (pictures and drawings) for the industrial design requested to be protected. The number of industrial designs included in the application shall be specified. Form No. (401-A) shall be filled out for each industrial design.

(3) Only one side of each paper shall be used.

(4) Documents submitted shall be original copies or certified by the competent authorities.

(5) Payment of the fees for filing each application (Form No. (401-A)) at the time of applying.

(6) The applicant shall meet all the Directorate’s requirements relating to the application.

Article 25: Conditions for Filling out Form No. (401) “Application for a Certificate of an Industrial Design”

Form No. (401) “Application for a Certificate of an Industrial Design” shall be clearly filled out as follows:

(1) Name of Applicant: For individuals, the name shall be identical to the name in the identification document in the following order: first name, father’s name, grandfather’s name and family name. As for establishments and companies, it shall be identical to the official name. If there is more than one applicant, the first applicant’s data shall be recorded in this part, and data relating to the remaining applicants shall be recorded in the attachment designed for that purpose, (Form No. 401-B). Communication between the Directorate and the applicants shall be through the first applicant if there is no agent.

(2) Name of Agent: The name of the agent shall be given, and he shall be authorized by a power of attorney

issued by a notary public if the principal is in the Kingdom. If the principal is outside the Kingdom, it is necessary to have a power of attorney approved by the competent authorities and certified by the Kingdom's diplomatic missions abroad. The agent shall attach proof that he is licensed to practice such a profession in the Kingdom.

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(3) Declaration: The name of the applicant or the agent and his signature shall be given in this part. The seal of the authorized agent, if any, shall be added. It shall be stated that the applicant or the agent is responsible for all the consequences of not providing the correct information.

Article (26): Conditions for Filling out Form No. (401-A) “Data of the Industrial Design”

The number of the industrial design shall be specified in “the data of industrial design No. (…)” consecutively (1,2,3,4 …) according to the number specified in Form No. (401). Form No. (401- A) shall be filled out as follows:

(1) Name of Designer: The name of the designer shall be identical to the name in the identification document in

the following order: first name, father’s name, grandfather’s name and family name. If there is more than one designer, the first designer’s data shall be recorded in this part, and data relating to the remaining designers shall be recorded in the attachment designed for that purpose, (Form No. 401-C).

(2) Technical Information:

Description of the Industrial Design The industrial design shall be given in writing by describing each enclosed figure (picture or drawing) or by giving as brief a general description as possible. An additional sheet of paper may be attached if the assigned space is not sufficient.

Type of Products: The type of products in which the industrial design is used shall be given briefly and specifically, using the International Classification of Industrial Designs (Lokarno Classification).

Classification: Classification of the industrial design shall be mentioned in accordance with the International Classification of Industrial Designs (Lokarno Classification).

(3). Priority and Disclosure Information: If the Industrial design has been displayed in an official exhibition or was otherwise previously disclosed to the public, the necessary documents showing date of display or disclosure shall be enclosed. If the applicant is a national of one of the countries of the Paris Union or a resident in one of them and desires to claim priority of an application which was previously filed in one of the Union countries, then the data relating to the priority application (the country, the number of application and the date of filing) and the number of the certificate and date, if any, and the classification, if any, shall be given. An approved copy of the previous application and a translation thereof shall be enclosed within three months.

(4). Attachments: Labels of the attachments of the form (the figures and any other attachments) and the number of their pages shall be recorded in numbers and letters. In the case of a priority claim, any relevant attachments shall be referred to.

Article (27): Conditions for Figures (Pictures or Drawings)

The application shall include drawings or photographs showing the complete parts of the industrial design, taking into consideration that the scope of protection is determined on the basis of the figures enclosed at the time of filing the application. Therefore, the following shall be observed:

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(1) Figures shall be in colour, if protection of certain colours in the industrial design is desired.

(2) If there are figures or parts in the industrial design whose protection is not sought, they shall be drawn in broken lines.

(3) When more than one figure for an industrial design is submitted in one application Form No. (401-A), the scope of protection covers the common elements in these figures.

(4) Figures shall be on size A4 paper and shall measure 40 x 40 mm. as a minimum, and 252 x 165 mm. as a maximum. A page may contain more than one figure.

(5) Figures shall be clear and indicate the distinctive features of the industrial design whose protection is sought, since these figures shall be published as enclosed.

(6) Figures shall not contain any words for the purpose of description or otherwise.

(7) Pages of figures shall be numbered consecutively for each separate industrial design (Form No. (401-A)), mentioning the total number of pages; for example, 1/4, 2/4, 3/4, 4/4 … (page number / total number of pages). This shall be under the top margin in the centre of the page.

(8) Figures for each industrial design shall be numbered consecutively; for example, 1–1, 1-2, 1–3, … (industrial design number - figure number). This shall be under the figure.

(9) Figures shall be submitted in one original and two true copies which may be directly duplicated. An electronic copy shall also be enclosed.

Article (28):

The Directorate shall protect fifteen types in the first year of the application of the law, and a catalogue thereof shall be issued. New classes shall be catalogued each year according to need and capacity.

Part Three Provisions for Priority and Disclosure

Article (29):

(1) Any previous filing at a national or regional office in the countries of the Paris Union or the International Union for the Protection of New Varieties of Plants shall be recognized as giving rise to the right of priority.

(2) Periods of priority start from the date of filing the first application. The day of filing shall not be included in the period.

(3) If the last day of the priority period is an official holiday or a day in which the Directorate is not open for receiving applications, the period shall be extended until the first following working day.

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(4) The applicant claiming the privilege of priority may defer providing the Directorate with the number of the previous application and the classification code of the application for the patent or the application for the certificate of an industrial design for a grace period not exceeding three months from the date of filing the application.

(5) If an applicant claiming the privilege of priority fails to submit a certified copy of the previous application and a translation thereof within the prescribed grace period, his right of priority shall be forfeited, and this shall be recorded in the registers of the Directorate.

Article (30):

(1) Cases of disclosure of inventions and industrial designs which are not considered as part of the previous state of technology shall be as follows:

(a) If the disclosure occurred in the last six months preceding the date of filing the application or the date of the priority claim due to arbitrary acts against the applicant or his predecessor.

(b) If the disclosure occurred as a result of displaying it in an officially recognized international exhibition in one of the countries of the Paris Union during the year preceding the filing of the application for the patent, or the six months preceding the date of filing the application for a certificate of an industrial design.

(2) If the applicant desires to have a provisional protection for an invention or an industrial design relating to products he wishes to display in any official exhibition he shall apply to the Directorate expressing his desire to display, enclosing a brief statement describing the subject matter of protection, the illustrations and a list of the products relating to it. The Directorate may require the applicant to submit any other data it deems necessary. As for products displayed outside the Kingdom, a certificate authenticated by an official authority specifying the displayed product, its data and date of display shall be provided.

(3) The periods referred to in the preceding two paragraphs shall not entail extending the period of the right of priority provided for in Article (10) of the Law.

Article (31):

Filing an application for a plant patent in another country or the registration of a variety in a list of varieties the marketing of which is permitted in that state is deemed to render the variety being the subject of the application a matter of common knowledge as from the date of application, provided that the application leads to the grant of a breeder's right or entry in the catalogue. The variety is also deemed a matter of common knowledge if it is currently exploited or has been registered in a register of varieties kept by a professional association recognized by the Directorate or included in a reference collection.

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Part Four Provisions for Amending and Withdrawing

Protection Applications

Article (32):

(1) Amendments or Additions to the Application for Protection, made by the applicant on his own or at the Directorate’s request, may not exceed what was disclosed in the application at the time of filing, provided that the prescribed fees are paid.

(2) Amendments to any figure included in an application for a certificate of an industrial design entails that the date of amendment be deemed the date of filing.

(3) The applicant for a patent may cancel or add any element of protection, provided that this does not lead to any change in the concept of the integrity of the invention.

(4) An applicant for protection may, free of charge, correct writing or calculation mistakes in the application and he may request the introduction of changes to the data given in the application.

(5) An applicant for protection may withdraw his application unless it has been finally decided upon. The request for withdrawal shall be final and unconditional. If the application for protection is submitted by several persons, a request for withdrawal may not be accepted unless signed by them all.

Article (33):

If an applicant for a patent divides his application to several divisional applications, either on his own or in response to a request by the Directorate, as a result of the substantial examination which shows that the application includes more than one invention, he shall specify the invention included in the original application. He may also file the other inventions which are separated as independent applications governed by the provisions for a new application. They shall keep the original application filing date and enjoy the right of priority, if any.

Part Five Provisions for Formal and Substantial Examination

Article (34):

Registered applications shall be examined to ensure that they satisfy the formal conditions provided for in Articles 8 and 10 of the Law and the articles of Part Two of these Regulations for each subject of protection. If it is found from the formal examination that some of the prescribed conditions are not satisfied, the applicant shall be requested to satisfy them within a period not exceeding ninety days from the date of notifying him thereof. If he fails to perform what is requested from him within the said period, his application shall be deemed null and void.

Article (35):

(1) If it is found from the formal examination of the application for a patent or a plant patent that the application satisfies formal requirements, the Directorate shall notify the applicant to pay the prescribed publication fees within a grace period of three months. If he does not pay within the specified period, the application and publication thereof shall be rejected, and this shall be recorded in the Register and published in the Gazette.

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(2) The Directorate shall assess the necessary expenses for the examination of the substance of the application for a patent or a plant patent. The assessments shall be in accordance with the actual cost of examination, and the applicant shall be required to pay it within three months from the date of his notification thereof. If he fails to pay, the application shall be rejected and this shall be recorded in the Register and published in the Gazette.

(3) Upon payment of the costs assessed above, the Directorate shall examine the substance of the application.

Article (36):

The Directorate shall examine the substance of the application for the patent to ensure that the application satisfies the conditions provided for in Articles (4), (43), (44), (45) and (46) of the Law and the provisions stipulated in these Regulations. For that purpose, it may perform the following:

- Classify the application in accordance with the International Classification of Patents.

- Examine the protection elements, the description and the illustrations.

- Search the data bases at the Directorate, or on the Internet or at other patent offices.

- Compare available documents with the invention.

The Directorate shall prepare the report of the substantial examination which shall include its opinion as to whether the application satisfies the conditions provided for and the required explanations and amendments.

Article (37):

1. The Directorate shall examine the substance of application for a plant patent to ensure that the application satisfies the conditions provided for in Articles (4), (54) and (55) of the Law and the provisions stipulated in these Regulations. For that purpose,, it may perform the following:

(a) Ensure that the variety is of the specified botanical taxon. If it is not, the applicant shall be notified and given a grace period of thirty days for amendment; otherwise, the application shall be rejected.

(b) Ensure that the variety is novel.

(c) Perform a technical examination of the variety to ensure that the variety is distinct, uniform and stable, in accordance with the following :

(1) Applications for which no filings were previously made outside the Kingdom shall be examined by the Directorate or by any national or foreign institution specified by the Directorate, in accordance with “the Directory of the International Union for the Protection of Plant Varieties” for performing the examination of distinctiveness, uniformity and stability. As for unlisted varieties they shall be examined according to available resources.

(2) As for Applications for which filings were previously made outside the Kingdom and were or would be examined abroad, the Directorate may benefit from the results of the examination and adopt them if the examination was performed in environmental conditions compatible with the environmental conditions of the Kingdom.

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The Directorate shall prepare the report of substantial examination which includes its opinion as to whether the application satisfies the conditions provided for and the required clarifications and amendments.

Article (38):

1. The technical examination of the plant variety shall be performed in the nearest suitable time for germination.

2. The applicant shall provide the Directorate or the body it designates with the information and examination materials before the date of germination in sufficient time. The Directorate shall determine the specifications of the samples for the purpose of performing the examination in accordance with the instructions relating to each plant variety.

3. The material provided by the applicant for the purpose of the examination shall not have been subjected to any special treatment, unless specifically required by the Directorate.

4. For the purposes of applying the provisions of Article (58-D) of the Law, the Directorate may take samples of the plant variety from the local market.

Article (39): Provisions for Denominating the Variety

(1) The denomination mentioned in the application for a plant patent shall be published if it meets the prescribed conditions. Anyone with interest may object to the denomination within three months from the date of publication.

(2) If the denomination does not satisfy the conditions provided for, the applicant shall be notified thereof and given three months to provide an alternative denomination. If he fails to do so, or the alternative denomination turns out not to be in accordance with the prescribed conditions, the application shall be rejected. In case of acceptance, the denomination shall be registered, the previous denomination shall be cancelled, and this shall be published.

(3) The applicant shall change the denomination provided by him within three months, unless it is proven to infringe upon a trademark or otherwise.

(4) If a denomination for the variety is used, proposed or registered in the Kingdom or any other country, then such denomination shall be used in all procedures relating to the Directorate’s, unless such denomination is rejected.

(5) Any person who offers for sale the propagation material of a protected variety, sells or markets it by any other means shall undertake to use the denomination of that variety. This obligation remains even if the right in the plant patent is lost. A trademark, a trade name or any similar data may be combined with the registered denomination of the protected variety when marketing or displaying it, if easily identifiable.

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Article (40): Rejection and Cancellation of a Denomination

(a) Registration of the denomination of the plant variety shall be rejected if:

(1) It does not comply with the provisions of the first paragraph of Article (21).

(2) It is not suitable for identifying the variety, especially due to lack of distinctiveness or it is not linguistically suitable.

(3) It is inconsistent with Islamic Shari’ah.

(4) It consists solely of marks and data that may be used in the sector of varieties and seeds to determine the species, quality, quantity, purpose, value, geographical origin or period of production.

(5) It is misleading or it causes confusion as to the characteristics of the variety, its value, geographic origin or as to links between the variety and individuals, especially the plant breeder or the applicant.

(6) It is identical or similar, in a confusing way, to a suggested denomination in the Kingdom or any other country, for a previous variety of the same species or of a species strongly related to it, unless exploitation of the previous variety has ceased.

(b) The denomination shall be cancelled if it violates any provision of the Law or these Regulations. The Directorate shall notify the applicant or the holder of the plant patent of the cancellation decision, and he shall be required to propose a new denomination. Procedures provided for in Article 39 shall be applied.

Article (41):

(1) The Directorate may, in the course of examining the substance of the applications submitted to it, make use of research reports, substantial examination reports and protection documents issued by patent offices and offices of plant variety protection of other countries.

(2) The Committee may request the Directorate to expedite the examination of an application for a protection document at the request of the applicant that there is an infringement or imminent infringement of the subject matter of protection. The applicant shall provide the Committee with whatever supports his request to expedite the examination and whatever the Committee requires from him to prove that his claim is genuine.

Article (42)

(1) The Directorate shall notify the applicant of the result of the substantial examination, including the report of the first substantial examination. The applicant shall submit to the Directorate amendments to the application that are in line with the report. If he disagrees with any item in the report he shall give justification.

(2) If the Directorate is satisfied with the amendments or the justifications submitted by the applicant it shall proceed to complete the grant procedures. If the Directorate finds out the contrary, it shall notify the applicant of the report of the second substantial examination, and the applicant shall submit to the Directorate amendments to the application that are in

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line with this report. Therefore, if he disagrees with anything mentioned therein, he shall give justification.

(3) If the Directorate is satisfied with the amendments or the justifications given by the applicant, it shall proceed to complete the grant procedures, but if it finds out the contrary, it shall issue a decision rejecting the application.

(4) The Applicant shall respond to the notices addressed to him by the Directorate within three months from their date. This period may be extended for one month, if necessary, by a reasoned application submitted prior to the expiration of the grace period. In the absence of a response within the specified period, the application shall be rejected.

Article (43):

As to industrial designs, the prescribed conditions provided for in Articles (14) and (32) of the Law are as follows:

1. It shall be novel.

2. It shall be visible.

3. It shall have features distinguishing it from known industrial designs.

4. It shall not solely be for a functional or technical purpose.

5. It shall not violate the provisions of Article Four of the Law.

6. It shall not include trademarks owned by others or flags or official emblems.

7. The right to it shall be held by the applicant or the owner.

Part Six Grant Regulations

Article (44):

(1) Upon ascertaining that the application for protection has satisfied the prescribed conditions, the Directorate shall notify the applicant thereof and require him to pay the grant and publication fees within a period of three months. Upon payment, the Directorate shall issue the protection document and publish that in the Gazette. If he does not pay within the specified period, the application shall be rejected.

(2) If it appears to the Directorate that the application for the protection document does not satisfy the prescribed conditions, it shall issue a reasoned decision rejecting the application and this shall be notified to the applicant and published in the Gazette.

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Article (45):

(a) The first page of the patent document shall contain at least the following information :

1 – Inventor’s name 9 – Priority Information (application number – priority date – priority country)

2 – Patent’s owner 10 – Publication number and date

3 – Address of patent’s owner 11 – International classification of the invention

4 – Agent’s name 12 – References

5 – Application number 13 – Invention’s name

6 – Filing date 14– Summary

7 – Patent number 15 – Examiner’s name

8 – Grant date

(b) The first page of the layout design certificate shall contain at least the following information:

1 – Name of design innovator 8 – Grant date

2 – Certificate’s owner 9– Date and place of first commercial exploitation

3 – Address of certificate’s owner 10– International classification

4 – Agent’s name 11 – References

5 – Application number 12 –Designer’s name

6 – Filing date 13 – A brief description.

7 – Certificate number

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(c ) The first page of the plant patent document shall contain at least the following information:

1 – Name of plant breeder 7 – Patent number

2 – Patent’s owner 8 – Grant date

3 – Address of patent’s owner 9 – Priority information ( application number – priority date – priority country)

4 –Agent’s name 10 – Generic name and species

5 –Application number 11 – Common or commercial name

6. Filing date 12 –Summary

(d) The first page of the industrial design certificate shall contain at least the following information

1 – Name of plant designer 7 –Certificate number

2 – Certificate’s owner 8 –Grant date

3 – Address of certificate’s owner 9 – Priority information ( application number – priority date – priority country)

4 – Agent’s name 10 – International classification

5 –Application number 11 – References

6 –Filing date 12 – Summary

Article (46):

Bases for invalidating a protection document fully or partially are as follows:

1. For a patent, violation of the provisions of Articles (4), (43), (44) and (45) of the Law.

2. For certificates of designs, violation of the provisions of Articles (2), (4), (49) and (50) of the Law.

3. For plant patents, violation of the provisions of Articles (4), (54) and (55) of the Law.

4. For industrial designs, violation of the provisions of Articles (2), (4) and (59) of the Law.

Invalidation may also be requested if it turns out that the protection document was issued to a person other than the person who developed the subject matter of protection.

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The Directorate shall be notified of any final decision relating to invalidation of any of the protection documents immediately upon issuance, and it shall register and publish it.

Part Seven Provisions for Infringement and Exploitation by the Government

Article (47):

The following acts shall not be deemed infringement of a patent:

1. The use of the means subject of the patent aboard ships of other countries of the Paris Union, whether in the body of the ship or its machines or equipments or in any part of it when such a ship temporarily or accidentally enters the Kingdom's territorial waters, provided that the use of all these means is limited to the needs of the ship.

2. The use of equipments subject of the patent in the manufacture or operation of air or land vehicles or their spare parts belonging to another country of the Paris Union, when such vehicles enter the Kingdom temporarily or accidentally.

Article (48):

An application for a compulsory license submitted by any government agency to exploit the inventions shall include a statement of the public interest considerations requiring that. Such considerations shall be provided for in the decision permitting the exploitation.

Part Eight Security Related Applications

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

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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.

Part Nine Committee Related Provisions

Article (50):

Communications with the Committee shall be addressed directly to its chairman at the address it determines.

Article (51):

Actions shall be filed with the Committee through a petition of one original and a number of copies equal to the number of the litigants involved, and it shall be delivered to the secretariat of the Committee provided that it includes the following data:

1. Full name of the plaintiff, his profession or position, place of residence, number, date and place of issue of his identification document and the same for his representative, if any.

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2. Full name of the defendant, his profession or position, place of residence and the address of the plaintiff and defendant, including the number of post office box, telephone, fax the commercial name and any other means through which he may be contacted.

3. Statement of the subject matter of the action.

4. Statement of data and supporting evidence.

Article (52):

The notice shall be delivered to the address of the defendant specified in the plaintiff's petition. The notice shall be in two identical copies, one original and one copy. If there are several defendants, the copies shall be equal to their number. The notice shall contain the following:

1. Subject matter and date of the notice, indicating the day, month and year.

2. Full name of the plaintiff, his profession or position, place of residence, and the full name of his representative, his profession or position and place of residence.

3. Full name of the person to whom the notice is addressed, his profession or position and place of residence.

Article (53):

Litigants shall be notified of the actions filed with the Committee as follows:

1. A copy of the notice shall be delivered to the person to whom it is addressed at his place of residence or work, if any; otherwise, it shall be delivered to the person found at his place of residence who shares it with him. If none of them is available or the person found refused to accept delivery, then it shall be delivered to the Umdah of the district or to the police station, as the case may be.

2. As for government authorities, it shall be delivered to the heads or deputies of said authorities.

3. As for commercial companies and private establishments, the notices shall be delivered to one of the joint partners, the chairman of the board or their representative or to the owner of the private establishment or his representative.

4. As for foreign companies which have a branch or an agent in the Kingdom, notices shall be delivered to the manager of the branch or the agent.

5. As to those residing outside the Kingdom, they shall be notified through the Ministry of Foreign Affairs. In this case, it is sufficient to receive a reply proving delivery of the notice.

6. As for military personnel and employees of military authorities, notices shall be delivered through their competent persons in charge.

7. As for prisoners, notices shall be delivered to prison warden.

The notice shall be legal if it is delivered to the person to whom it is addressed even if in a place other than his place of residence or work. In all cases the notice may be delivered by registered mail, and such notification shall be legally effective.

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Article (54):

The Committee shall notify the Directorate of all rulings and decisions issued regarding actions relating to protection documents.

Article (55):

The Committee may immediately order, upon filing a claim, the taking of precautionary and provisional measures against the defendant, provided that the plaintiff furnishes the guarantees determined by the Committee to protect the defendant’s right if the claim is not proven. The Committee may rule that the defendant compensate for damages sustained by the plaintiff as a result of the exploitation, in addition to removing the infringement.

Article (56):

If the Committee decides to seek the assistance of expertise agencies, it may order any of the litigants it thinks liable to deposit, within a certain period of time, a sum equal to the estimated expenses of the expertise by a check certified by an approved bank in the Kingdom. If he fails to deposit the sum within the time specified by the Committee, the other litigant may deposit this sum without prejudice to his right of recourse against his opponent if the case is decided in his favour.

Part Ten Closing Provisions

Article (57):

The Chairman of the City shall have the power to interpret these Regulations and the issue the necessary amendments.

Patent Industrial designs Designs of Integrated Circuits

New Plant Varieties

No. Fees

Individuals Corporations Individuals Corporations Individuals Corporations Individuals Corporations

1 RegistrationApplication 400 800 150 300 500 1000 500 1000

2 Change or Transfer of ownership

200 400 75 150 500 1000 500 1000

3 Amendment or Addition to the Application

100 200 50 100 250 500 100 200

4

Obtaining a Copy of the Application or Certificate

50 100 50 100 50 100 50 100

5 Registration of License Contracts

400 800 150 300 500 1000 500 1000

Page 30

6 Grant of Compulsory License

4000 8000 1500 3000 2500 5000 2500 5000

7 Grant andPublication 500 1000 175 350 150 1000 500 1000

8 Annual Fees

8/1 First Year 250 500 150 300 500 1000 500 1000

8/2 Second Year 500 1000 150 300 ) 750 1500 500 1000

8/3 Third Year 750 1500 300 600 1000 2000 750 1500

8/4 Fourth Year 1000 2000 300 600 1250 2500 750 1500

8/5 Fifth Year 1250 2500 450 900 1500 3000 1000 2000

8/6 Sixth Year 1500 3000 450 900 1750 3500 100 2000

8/7 Seventh Year v) 1750 3500 600 1200 2000 4000 1250 2500

8/8 Eighth Year 2000 4000 600 1200 2250 4500 1250 2500

8/9 Ninth Year 2250 4500 750 1500 2500 5000 1500 3000

8/10 Tenth Year 2500 5000 750 1500 2750 5500 1500 3000

8/11 Eleventh Year 2750 5500 1750 3500

8/12 Twelfth Year 3000 6000 1750 3500

8/13 Thirteenth Year 3250 6500 2000 4000

8/14 FourteenthYear 3500 7000 2000 4000

8/15 Fifteenth Year 3750 7500 2250 4500

8/16 Sixteenth Year 4000 8000 2250 4500

8/17 SeventeenthYear 4250 8500 2500 5000

8/18 EighteenthYear 4500 9000 2500 5000

8/19 NineteenthYear 4750 9500 2750 5500

8/20 TwentiethYear 5000 10000 2750 5500

8/21 Twenty First Year to Twenty Fifth Year for the Protection of Trees and Vines 3500 7000