IP/Legal Practice In Kuwait

Kuwait is a major country in the western Asia, bordering Iraq to the north and Saudi Arabia to the south. Kuwait with a wealthy petroleum-based economy is one of the richest countries in the world with its currency Kuwaiti Dinar being a highest valued currency in the world. According to the World Bank, Kuwait is the fifth richest country in the world by gross national income per capita, and one of five nations with a GNI per capita above $70,000. As a result of various diversification policies, petroleum now accounts for 43% of total GDP and 70% of export earnings. The biggest non-oil industry is steel manufacturing.

With the significant rise in the entrepreneurship and small business start-ups in Kuwait, Kuwait was ranked fourth in the MENA region in start-up funding after UAE, Egypt and Saudi Arabia. Globally, Kuwait main export products are mineral fuels (89.1% of total exports), aircraft and spacecraft (4.3%), organic chemicals (3.2%), plastics (1.2%), iron and steel (0.2%), gems and precious metals (0.1%). Kuwait is the region’s most oil-dependent country with having lowest share of economic diversification.

The process of Patents registration in Kuwait is governed by provisions of Law No. 4 of 1962 Relating to Patents, Designs and Industrial Models and its amendment of 1999. Patents of invention shall, in conformity with the provisions of this Law, be granted for every new innovation liable to be industrially exploited, whether connected with new industrial products, or new industrial processes or means, or with the new application of known industrial means and processes.

Filing Requirements
  • Filled application for patent registration
  • Brief statement of the invention’s description, together with fees, to explain its subject matter
  • Copy of the detailed description of the invention and its drawing
  • Authorization contract to register the foreign patents, officially accredited by the official entities in the authorizing country and the Embassy of Kuwait
  • Certificate of commercial register, memorandum of association, or articles of association (if the registration applicant is a company/entity) Copy of the civil ID (if the applicant is an individual (natural person))
  • Arabic translation of the authorization contract, approved by the Ministry of Justice, Translation Section.
  • Determination of the protection elements for the patent

The documents required for filing the patent application includes Patent Abstract in English and Arabic language should be submitted upon filing. Patent claims in English and Arabic language should be submitted within 90 days from filing date. Patent Specifications in English should be submitted upon filing. Patent Specifications in Arabic should be submitted within 90 days from filing date. Certified copy of the priority document translated to Arabic should be submitted within 90 days from filing date. Power of Attorney (POA): Original should be notarized and legalized at the Kuwaiti embassy and submitted within 90 days from filing date. Certified copy of the certificate of incorporation or an extract from the commercial registry legalized at the Kuwaiti embassy if the applicant is a company or a copy of the applicant’s passport if the applicant is an individual, submitted within 90 days from filing date. Deed of Assignment (DOA): signed by the inventor(s), notarized and legalized at the Kuwaiti embassy, and submitted within 90 days from filing date.

Examination

The application for a patent shall be submitted by the inventor or his assigns, to the Control of Trade Marks in the Ministry of Finance and Economy, in conformity with the terms and conditions determined by the Implementing Regulations. The Control of Trade Marks shall examine the application for the patent and enclosures, to ascertain:
1. that the application is submitted in conformity with Article 15 hereof;
2. that the specification and design give a picture of the invention as to allow the performance thereof by industrialists;
3. that the novelty elements, for the protection of which the interested person applies, are stated clearly and precisely in the application.

The Control of Trade Marks may require the applicant to make such amendments in the application as it may deem requisite in accordance with the provisions of the preceding article, within the period determined by the Implementing Regulations. If the applicant fails to do so, he shall be deemed to have renounced his application. The applicant may, within thirty days from the date be is notified of the decision, appeal against the decision of the Control of Trade Marks in respect of such amendments, to the Kulliyah Court, and the Court may approve, quash or amend the decision. Every decision issued by the Control of Trade Marks in respect of opposition, may be appealed against to the Court, within a period of thirty days from the date of notification thereof to the interested person, and the court shall speedily decide on the case.

(Time Limit may vary. Clients are requested to check the official website or be in touch with our attorney)

Official Fees (in Kuwaiti Dinar)

(Please Note- The fees are subject to change with minor variations. The firm will not be liable for any discrepancy in the fees. The Charges will be taken as per the fees relevant at the time of providing the services.)

Services For Companies For Individuals
Filing fee 80 40
Granting and Publishing Patent 100 50
Amendment and Addition to the Patent Application 70 35
Additional fee for the delay in Payment of annual patent fee 70 35
Assignment of Rights to the Application or change of patent ownership 70 35
Obtaining a copy of the Application, its registration or of the patent 14 7
Annuity 2nd Year 50 25
Annuity 3rd Year 100 50
Annuity 4th Year 150 75
Annuity 5th Year 200 100
Annuity 6th Year 200 100
Annuity 7th Year 200 100
Annuity 8th Year 200 100
Annuity 9th Year 200 100
Annuity 10th Year 200 100
Annuity 11th Year 200 100
Annuity 12th Year 200 100
Annuity 13th Year 200 100
Annuity 14th Year 200 100
Annuity 15th Year 200 100
Annuity 16th Year 200 100
Annuity 17th Year 200 100
Annuity 18th Year 200 100
Annuity 19th Year 200 100
Annuity 20th Year 200 100