Patent application in Libya

Libya is currently in the process of rebuilding and developing its intellectual property system, including patent law. Therefore, the identification of areas of advantage for patent development in Libya is still limited. However, based on the country’s potential and needs, it can be seen that some areas can be advantageous for patent development in Libya. With its hot climate and many open lands, Libya has great potential for the development of solar energy and other renewable energy sources. Libya has a long tradition of agriculture and is looking to modernize its agriculture and food technology sectors. Inventions in the fields of irrigation technology, water management, crop production, and food processing can make a significant contribution to the country’s economic development. Libya is one of the countries with large oil reserves in the world. Inventions related to extraction, petrochemical refining and value-added petroleum products can bring significant economic benefits. Libya is in the process of rebuilding its infrastructure after years of conflict. Patents related to building materials, construction techniques, and sustainable technologies can help accelerate this process. However, to turn the potential into reality, Libya needs to improve its intellectual property legal system, increase investment in research and development, and create a favorable business environment for inventors and start-ups. Viet An Law would like to guide customers through the preliminary procedures for patent registration in Libya through the article below.

Legal Basis

• Law No. 8 of 1959 on Inventions, Designs and Industrial Models

General overview of inventions in Libya

Definition of Invention

In Libya, according to Law No. 8 of 1959 on Inventions, Designs and Industrial Models, a patent is defined as an exclusive right granted to an invention that satisfies the following conditions:

• New: The invention has not been publicly used in Libya in the 50 years prior to the date of filing the patent application, and its description or drawings have never appeared in publications published in Libya, or if so, it is not clear enough for a person with expertise to exploit it.
• Industrially applicable: The invention must be able to be created or used in any type of industry. This means that it must have practical application and cannot be theoretical alone.
• Not excluded: Inventions must not fall under exclusions from patentability, such as scientific discoveries, mathematical methods, diagrams, rules and methods for performing intellectual acts, playing games or businesses, and programs for computers.

Term of Patent Protection in Libya

A patent grants the owner an exclusive right to prevent or terminate the commercial exploitation of the patented invention without permission for a limited time. The term of a patent in Libya is 15 years from the date of filing the patent application.

Types of patents that can be registered in Libya

• Patents for Inventions: Protection of new and industry-applicable inventions. Inventions must be new, have creative progress and be able to apply to industry.
• Industrial Design: Protect the aesthetic appearance of the product. The design must be new and distinctive.
• Industrial Model: Protects the three-dimensional shape or configuration of a production item. The model must be new and capable of industrial application.

Patent Registration in Libya

• 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.

Patent registration in Libya 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 administered by the World Intellectual Property Organization (WIPO) and has more than 150 countries participating, including Libya.

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 hotline (+84) 9 61 67 55 66 (WhatsApp, Viber, Zalo, Wechat) for the most effective support.