Summary

Once a patent application is filed, it is examined as to compliance with the formalities and patentability provided for under the patent law. A separate application has to be filed in each jurisdiction. The Patent Office may require whatever amendments necessary to bring the application into conformity with the law. In the event the applicant does not comply with the requests of the Patent Office within a given grace period or as authorized by the Registrar of Patents, the Registrar will refuse the application.

An applicant is entitled to appeal against the Registrar's request by means of submitting a petition to the High Court of Justice within one month as of the date of the Registrar's decision. Approved applications are published in the Official Gazette and are open to public inspection. Any interested party may oppose the grant of a patent within 2 months from the date of publication. The opposition notice is submitted to the Registrar of Patents. Should no opposition against the grant of a patent be filed, a decision granting the patent will be issued. The letters patent is granted after payment of the prescribed fees.

A patent is valid for 16 years from the date of filing the application. Such validity is subject to the payment of the prescribed renewal fees, which should be paid before the expiration of the fourth, eighth and twelfth years from the filing date or the convention filing date in case of priority applications.

Novelty is not limited to the country only. A novelty examination takes into consideration any specification previously lodged with the Patent Office or any patent previously registered.

The right to a patent may be assigned, transferred through succession or licensed. The assignment of patent applications and granted patents must be made in writing. An assignment shall 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 patents is an official requirement. In the event that the owner of a patented invention does not satisfy the stipulated working requirements of the country within 3 years as of the date of grant, the patent will be subject to compulsory licensing under the provisions of the law.

The rights conferred by a patent on the registered patentee expire on the lapse of the protection period as prescribed by the law, lawful assignment of the patent rights, final court decision to this effect, or nonpayment of the due renewal fees within 3 months after the respective due date.

Infringement of the rights of a patentee is punishable under the provisions of the current patent law.


 

Address:

Al-Quds Street, Ansar Square, Awkaf Building, 2nd floor, Apartment No. 8+9, Southern Rimal, Gaza, Palestine.

P.O. Box: 505 Gaza City, Gaza Strip
Telephone: (00 970-8) 2626073
Fax: (00 970-8) 2626070
Email: gaza@agip.com
Contact: Manar Basheer (Ms)

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