Patent registering in Kuwait

Kuwait, with its abundant oil resources and developed economy, has many advantages for developing inventions. With its hot and windy climate, Kuwait has great potential for the development of renewable energy technologies such as solar and wind energy. Inventions in this field not only help diversify energy sources but also contribute to minimizing the impact of climate change. In addition, inventions in wastewater treatment, waste management, and environmental protection are also essential to address the environmental challenges that Kuwait is facing. Kuwait is investing heavily in the development of information and communication technology infrastructure. This creates opportunities for inventions in the fields of artificial intelligence, big data, cybersecurity, e-commerce, and mobile applications. Due to its desert terrain and water scarcity, Kuwait is highly dependent on food imports. Inventions in the fields of high-tech agriculture, hydroponics, precision agriculture and biotechnology can help boost domestic agricultural production and ensure food security. The demand for modern housing and infrastructure is increasing in Kuwait. Inventions in the field of new building materials, smart and sustainable construction technologies can help meet this demand and create a better living environment. Viet An Law would like to guide customers through the preliminary procedures for patent registration in Kuwait under the applicable Law No. 71 of 2013 on the Ratification of the Patent Law of the Gulf Arab States Cooperation Council

Definition of Invention in Kuwait

In Kuwait, a patent is an exclusive right granted by the government to an inventor for their invention. This right allows the inventor to prevent others from producing, using, selling, or importing the patented invention without their permission for a limited period of time.

Conditions for patent registering in Kuwait

• Novelty: The invention must be new, which means that it has not been publicly disclosed in any form prior to the date of filing the patent application.
• Innovation step: The invention should not be obvious to someone with expertise in the technical field, which means it involves an innovation step that is not easily deduced from existing knowledge.
• Industrial Applicability: The invention must be able to be used or created in any type of industry, which means it has practical application or use.

Types of patents that can be registered in Kuwait

• Invention Patents: Granted to new products or processes that are innovative and have industrial applicability. This is the most common type of patent.
• Utility model patents (also known as minor patents): Granted for small improvements to existing products or processes. They have a shorter duration and less stringent requirements than invention patents. Kuwait does not currently have specific laws for utility model patents, but they can still be protected under general patent law.
• Industrial design patent: Protect the decorative appearance of the product. They do not cover the technical or functional aspects of the invention.

Note:

• Although plant varieties and livestock breeds are not directly patented in Kuwait, they can be protected under other intellectual property rights such as plant breeder rights and livestock breeder certificates.
• Surgical or therapeutic treatments for the human or animal body and diagnostic methods performed on the human or animal body are not generally considered patentable in Kuwait.

Patent Search in Kuwait

There are many ways to search for a patent in Kuwait:

Kuwait Patent Office Online Portal

The Kuwait Patent Office (KPO) recently launched its online portal. Although it currently focuses on pre-annuity payments, it is expected that the system will expand its services to include patent searches in the future. Kuwait Patent Office (KPO) Link: https://www.moi.gov.kw/

GCC Patent Office

As of January 1, 2023, the GCC Patent Office has accepted patent applications for protection in Kuwait, Bahrain, and Qatar. While their website does not offer a direct search function for individual countries, it does provide access to published patent applications and granted patents throughout the GCC region, which may include Kuwaiti patents

Third-party patent databases

Several international patent databases provide comprehensive search capabilities, including patents from Kuwait. Some of these databases include:

• Google Patents: Provides a large amount of information on patents from all over the world, including Kuwait. Users can have an advanced search option and allow you to filter the results by country, date, inventor, etc.
• Espacenet (European Patent Office): Includes a large amount of information on patents from Europe and other countries, including Kuwait. The system offers various search options and provides access to patent documents in multiple languages.
• org: Aggregates patent data from multiple sources and provides sophisticated search and analysis tools. The system includes patents from Kuwait and other countries and provides detailed information on patent families and legal status.

Patent registration dossier in Kuwait

• 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 Kuwait 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 participating countries, including Kuwait.

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.

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