Patent application in Iraq

Iraq is currently in a phase of reconstruction and recovery after years of conflict. However, the country still has potential for growth in some areas of invention. Iraq has a long agricultural history and fertile land in some areas. Inventions in this area can focus on efficient irrigation solutions, development of drought-tolerant crop varieties, sustainable farming techniques, and post-harvest technologies. With its large oil reserves, Iraq can develop technologies related to renewable energy such as solar and wind energy. Inventions in this field can help diversify the country’s energy resources and minimize environmental impact. Iraq needs to invest significantly in rebuilding its infrastructure. Inventions in this area can focus on sustainable building materials, efficient construction techniques, and smart infrastructure management technologies. Despite the potential, the development of inventions in Iraq still faces many challenges such as political instability, lack of investment capital, a weak intellectual property system, and a lack of highly qualified human resources. However, with the support of the government, international organizations, and the private sector, Iraq can overcome these challenges and take advantage of opportunities to develop invention and innovation. Viet An Law would like to guide customers through the preliminary procedures for patent registration in Iraq through the article below.

Legal Basis

• Law No. 65 of 1970 on Patents and Industrial Designs
• Other relevant legal documents

Definition of Invention in Iraq

In Iraq, a patent is defined as an exclusive right granted to an invention, which is a new product or process that provides a new way to do something or offer a new technical solution to a problem.

Conditions for registering a patent in Iraq

• Industrial Applicability: The invention must have the ability to be used in industry or commerce.
• Novelty: The invention must be new, which means that it must not be publicly available anywhere in the world before the date of filing the patent application.
• Innovation step: The invention must not be obvious to a person with expertise in the field, which means it must include an innovation step that is not simply a combination of known elements or techniques.

Types of Patents Registered in Iraq

• Industrial designs: Although not exactly a type of patent, Law No. 65 also covers industrial designs, which protect the decorative or aesthetic aspects of products.
• Utility models: Iraq does not have a specific system for utility models, sometimes referred to as “small patents” or “innovation patents” and provides a shorter term of protection for minor improvements to existing products. However, some minor inventions may still be eligible for patent protection if they meet the standard patenting criteria.
• Exclusions: Certain subjects are excluded from patent protection in Iraq, including scientific discoveries, mathematical methods, business methods, and inventions contrary to public order or ethics.

Patent Registration in Iraq

• Patent Application: This form includes information such as the name of the invention, the name and address of the inventor(s) and the applicant(s), and the filing date.
• Description: This is a detailed description of the applicant’s invention, including the context, the technical field, the problems it solves, and how it works. The applicant must provide sufficient detail so that a person with expertise in the field can understand and reconstruct the invention. The information typically includes the following sections:
  • Name of the invention
  • Technical Field
  • Background art
  • Patent Summary
  • Brief description of the drawings (if applicable)
  • Detailed description of the invention
  • Industrial applicability
• Protection Claims: This is a numbered list of claims to determine the scope of protection for one’s invention. Claims for protection are the most important part of a patent application, as they define the scope of the applicant’s exclusive rights.
• Drawings (if any): If the applicant’s invention can be illustrated, drawings should be provided to help clarify the description.
• Summary: A brief summary of the invention, usually about 150 words or less.
• Priority documents (if any): If the applicant has applied for a patent for the same invention in another country within the last 12 months, the applicant can claim priority.
• Power of attorney (if any): If the applicant files through the patent representative, it is necessary to provide them with a power of attorney on behalf of the applicant.
• Other documents (if applicable): Depending on the applicant’s case, the applicant may need to file other documents, such as a transfer agreement if the applicant is not the inventor, or a copyright statement.

Registering Patents in Iraq through the PCT System

What is the PCT System?

The PCT system stands for Patent Cooperation Treaty – an international treaty that aims to create a uniform process for filing international patent applications. The system is managed by the World Intellectual Property Organization (WIPO) and has more than 150 countries participating, including Iraq.

Benefits of the PCT system:

• Save time and money: The PCT system allows the applicant to file a single patent application for patent protection in multiple countries participating in the Treaty, rather than having to file a separate application in each country. This saves time, costs and administrative procedures.
• Postponement of the national filing deadline: When filing a PCT application, the applicant has an additional 30 months to decide which country the applicant wants to protect the invention. This is a valuable time for the applicant to evaluate the commercial potential of the patent and prepare for the filing of the national application.
• Simple Process: The PCT System uses a common set of rules and procedures for all participating countries, which simplifies the filing process and saves time for both the applicant and the national patent office.
• Early Search Information: The International Search Report and Written Opinion of the International Patent Search Agency will provide the applicant with information about the novelty and patentability of the patent, helping the applicant to make an informed decision about filing a national application.
• Enhanced international cooperation: The PCT system encourages international cooperation in the field of patents by creating a common platform for the exchange of information and the sharing of experiences between countries.
• Support innovation: The PCT system helps promote innovation by reducing the procedural burden on inventors and making it easier for them to protect their patents worldwide.

Patent registration dossier through the PCT system

To file an invention registration through the PCT system, you need to prepare a set of documents including the following documents:

• PCT Application: The application can be filed in Vietnamese or English, however, it is recommended that it be filed in English to facilitate the processing. You can download the PCT application form from the WIPO website: https://www.wipo.int/pct/en/forms/
• Description of the invention: The description of the invention should present the invention in detail and clearly, including:
  • Patent Name Technical Field
  • Patent Summary
  • Detailed explanation of the invention
  • Drawings (if any)
  • Request for protection
• Claim for protection: The claim for protection should clearly define the scope of protection that the applicant wants to give the invention.
• Patent Claims: Patent claims need to clearly identify the inventor (or inventors).
• Letter of Authorization (if applicable): If the applicant uses an intellectual property representative to file the application, the applicant needs to provide a Letter of Authorization that authorizes the representative to represent the applicant during the filing process and process the procedure.

Additional documents (may be required):

• Priority documents (if any): If the applicant filed an application for the same patent in another country before filing the PCT application, the applicant may claim priority based on the date of filing that application.
• Translation (if applicable): If any of the documents on file are not in English or French, the applicant needs to provide a translation into either of these languages.
• Application fee: The applicant needs to pay the PCT filing fee to the International Receiving Bureau (IB).

If you want to file a patent application, please contact Viet An Law for the most effective support.

Update: 9/2024