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JURISDICTION UPDATE (12 January 2016) KSA, TURKEY and ARIPO - JAH CO.IP
JURISDICTION UPDATE (12 January 2016) KSA, TURKEY and ARIPO

Saudi Arabia


 

The Saudi Patent Office has issued the amended Implementing Regulations of the Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Designs, the Regulations included new provisions regarding patent applications filed under the PCT.

 

The International PCT applications will be received by the KSA PTO and shall consider the international filing date of the PCT application as the date of filing the national phase application. The annuity fees shall be based on the international filing date of the PCT application starting from the 1st annuity and shall be paid at the beginning of each Calendar year, starting with the year following the filing of the international application, where the said fees are paid, together with accumulated annuity fees.

 

The legalized Power of Attorney, Deed of Assignment and Priority documents, have to be submitted within 60 days from the filing date. Restoration of patent application which was rejected or abandoned due to reasons beyond applicant wills, is possible through request submitted to the Patent Office provided the conditions pertinent thereto as detailed by Regulations are fulfilled and the prescribed fees are paid. The Patent Office has provided an option to applicants who have not responded to deadlines within the specified grace period a further period of two months extension prior to expiry of initial deadline provided the conditions are met and the prescribed fees are paid. Annuity fees are exempted from such extension and should be paid within the prescribed time. Multiple design applications are not acceptable in Saudi Arabia, and a design application should not incorporate more than 7 drawings.

 

Implementing Regulations are effective as of 19 December 2015.

 

Turkey


As a follow up of our earlier news update regarding increased fees in Turkey please find the official tariff sheet with the increment. Please note that owing to currency fluctuation and a strengthening USD the increase is not substantial.

 

Download Official Fees Turkey

 

ARIPO


 Changes in rules at ARIPO for patent, designs and trademark applications

 

A number of amendments were approved for The Harare Protocol on Patents and Industrial Designs as well as The Banjul Protocol on Marks at the Administrative Council of ARIPO in Lusaka, Zambia; these changes will become effective in January, 2016.

 

The Banjul protocol on Marks were amended as follows:

 

  • New definition of a mark introduced: ‘A Mark includes a sign, name, word, device brand, heading, level signature, letter, numeral or a combination thereof.’
  • A new set of administrative rules have been introduced to help with implementation of the e-service facility with regards to ARIPO and its Member States.
  • There will be a fixed number of words that can be included in the description of goods: “A maximum of 50 words will be allowed for the goods listing of each class on an application. A surcharge of $5 per word will be levied for any additional word(s) after the 50th word”.
  • The time limit for the applicant to respond to a Form 9 has been changed to 2 Months.
  • The time that a designated state can take to respond to communication from ARIPO will be 2 months.
  • There will be a reduction of 20% to filing fees if filed via the e-service for all trademark applications not using paper filing.
  • There will be an Official fee of $50 imposed for change of representative.
  • Extension of time official fees will be $50 per term (calculated from the date that the last official action was due).
  • Official search fee set at $50.

 

The Harare Protocol on Patent and Industrial Designs were amended as follows:

 

  • There will be reduction of 20% to the filing fees if filed via the e-service not using paper filing.
  • New rule concerning Divisional Applications:
  1. The applicant may file a divisional application relating to any pending earlier ARIPO patent application.
  2. A Divisional application shall be filed in the language of the proceedings for the earlier application.
  3. A Divisional application shall be filed with the ARIPO office.
  • The Director General was formally given authority to grant extensions of times.
  • Extension of time official fees set at:
  1. $100 (1st request),
  2. $200 (2nd request),
  3. $400 (3rd request), and
  4. $400 for every subsequent request for the same case.
  • Introduction of a change of representative official fee will be $100.
  • Official search fee will be $100

 

São Tomé and Príncipe joins ARIPO Protocols for Patents, Industrial designs and trademarks 

 

An African country officially known as ‘Democratic Republic of São Tomé and Príncipe’ became the 19th Member of ARIPO on 19 May 2014.  São Tomé and Príncipe, a former Portuguese colony, is primarily Portuguese speaking island nation in the Gulf of Guinea, off the western equatorial coast of Central Africa. It consists of an island group around two main islands which are: São Tomé and Príncipe, located about 140 kilometres apart and about 250 and 225 kilometres, respectively, off the north-western coast of Gabon.The Banjul Protocol will enter into force, with respect to São Tomé and Príncipe on 27 February, 2016 and with effect from 27 February, 2016, São Tomé and Príncipe becomes eligible for designation as a Member States under the Banjul Protocol. The accession of the Banjul Protocol by São Tomé and Príncipe brings the number of Member States party to the Protocol to ten (10). Likewise, residents of Sào Tomé and Príncipe will be able to file trademark applications with ARIPO as a receiving Office.