Bahrain is a member of the Paris Convention for the Protection of Industrial Property. Once an application for the grant of a utility model is filed, it is examined with respect to compliance with formalities and patentability provided for under the Patent & Utility Models Law No. 1 of 2004.
An application should be filed in Bahrain within six months as from the date of filing of the priority document in order to claim priority.
Amendment of specifications is possible before the official grant of the subject utility model, provided that said amendments do not exceed what has been disclosed in the original application.
A novelty examination takes into consideration any specification previously lodged with the Patent Office or any utility model previously registered. The Patent Office may require whatever amendments it deems necessary to bring the application into conformity with the law. In case the applicant does not comply with the requirements of the Patent Office as authorized by the Registrar of patents, the Registrar will reject the application.
In case of rejection, an applicant is entitled to appeal against the requirements and conditions of the Patent Office by means of submitting a petition to the Patent Office, within 30 days as from the date of the Registrar’s decision. Approved applications are published in the Official Gazette and are rendered open to public inspection. Any party may oppose the grant of a utility model within 60 days as from the date of publication. The opposition notice is submitted to the Registrar of Patents. If no opposition against the grant of a utility model is filed, the letters utility certificate is granted after payment of the prescribed fee.
Under the law, a patent is valid for twenty years and a utility model is valid for ten years from the date of filing the application or from the priority date in case of claiming priority. The application is subject to payment of the prescribed annuity fees due, after issuance of letters utility certificate, from the date of filing in Bahrain or the convention filing date in the case of priority applications. A grace period of six months, from the due date, is granted to the owners of the registered utility models to pay the due fees. If this is the case, late annuity fees will be applicable.
The right to a utility model may be assigned, transferred through succession or license. The assignment of granted utility models must be made in writing. An assignment will have no effect against third parties unless it has been published in the Official Gazette and duly entered in the relevant records of the Patent Office.
Working of utility models is an official requirement. In case the owner of a patented invention/utility model in Bahrain fails to satisfy the stipulated working requirements of the country within three years, as from the date of grant, or within four years, as from the date of application, whichever is longer, the utility model will be subject to compulsory licensing under the provisions of the law.
The rights conferred by a utility model on the registered owner of the utility model expire on the lapse of the protection period as prescribed by the law, lawful assignment of the utility model rights, final court decision to this effect, or nonpayment of annuity fees within six months after the respective due date.