Prosecution & Registration
Patents of invention shall, be granted for every new innovation, whether connected with new industrial products, or new industrial processes or means, or with the new application of known industrial means and processes.
A patent of invention shall not be granted in respect of the following:
1. Inventions, the exploitation of which is against morality or public policy;
2. Chemical discoveries connected with food – stuffs, or medicinal drugs, or pharmaceutical compositions, unless such products are produced by special chemicals methods or processes. In which case the patient shall not be in respect of the products per se, but the process of manufacture.
The duration of the patent shall be 15 years as from the date of application. The patentee is entitled to apply for one renewal thereof for a period not exceeding five years, provided the renewal is applied for, during the last year, and provided he proves that the invention is of special importance and no fructification commensurate with his efforts and expenses had been derived there from.
Priority can be claimed for patent in Kuwait but the same should be filed before one year prior to the original filing. If the patent is claiming priority, fax your order letter covering the following:
· Name of the Applicant(s)
· Address of the Applicant(s)
· Nationality of the Applicant(s)
· Title of the Invention
· Name of the Inventor(s)
· Address(s)
· Nationality
· Occupation
· Priority details
· Legalized Power of Attorney (General Power is sufficient for continuous application from the same Applicant)
And all other documents such as:
· Two copies of a complete specification of Claims.
· Formal Drawings (Three sets, one set with Latin, two set without any numerals to put Arabic numerals)
· Legalized Certificate of Incorporation (same Certificate of Incorporation may be used for continuous applications from the same applicant).
· Legalized Certified Priority document(s).
· Legalized Assignment of invention from the inventor(s)
Should be submitted to the patent Office at a later stage and please note that if any of the above documents is other than English an unlegalised copy of the same should be attached.
At present, once an application is filed for a patent no further action is taken by the Authority. The Kuwaiti Patent Office has not yet started the process of examining, publishing and granting of patents. All patents filed with the Kuwaiti Patent Office are practically in the application stage.
Until the Kuwaiti Patent Office changes the present practice, all filed patent and design applications shall remain as documentary evidence of ownership and priority claim even in the absence of examination and issuance of certificates by the Patent Office. The usual actions of opposition, renewal, payment of annuities, working, and so forth (with the exception of the assignment of applications), are not applicable in Kuwait.
Assignment
Assignment must be recorded before a trademark application/registration is used any proceedings against third party or in order to prevent the mark from being cited by the examiner against new application for a similar mark filed by the assignee.
Deed of assignment should include the transfer of the related business and goodwill, no associated marks are assigned simultaneously in order for the assignment deed valid, and a nominal amount may be indicated in the assignment deed.
Any of the following documents is required to the Office in order to record an assignment:
1, A copy of the original assignment deed or merger agreement.
2, The original assignment deed or merger agreement (or a certified copy thereof).
3, An official certificate issued by a public officer such as Secretary of State, Notary (or a certified copy thereof)
4, Request and furnish the standard form our Office.
Power of attorney from the Assignee and the Assignor along with the any one of the above assignment deed should be legalized by the Kuwaiti consulate in the applicants Country, if existing, otherwise British consulate.
All foreign supporting documents should be accompanied with English translation and the same should be translated to Arabic and legalized by the Ministry of Justice in Kuwait
Original Or Certified copy of the registration must be sent to the Office for endorsement with the Trademark Office.
Change of Name and Address
Change of Address must be recorded before a trademark application/registration is used any proceedings against third party or in order to prevent the mark from being cited by the examiner against a new application for a similar mark filed by the same owner.
Any of the following documents is required for a change of address.
1, Extract of the Commercial Register.
2, An Official Certificate issued by a Public Officer such as a Secretary of State, Notary (or certified copy thereof) may be used
3, A simple declaration from the applicant attesting the change of address(form available in our Office).
A Power of Attorney in the new address along with the document proving the change of address must be legalized by the Kuwaiti consulate of the applicant’s country. If no Kuwaiti consul legalized by British consulate.
All documents for change of address, accompanied with English translation (if the document is not executed in English) should be translated to Arabic and legalized the same by the Ministry of Justice in Kuwait.
Original Certificate of Registration must be sent to the agent for endorsement with the Trademark Office.
Post Box No.25934
13120 Safat
Kuwait
Premises Address
New Al-Mailam
Commercial Complex
Mezzanine, Office No.6
Opp: Fire Station
Farwaniya.
Telephone ⁄ Fax
Telephone: (0965) 24754850
Tele fax : (0965)24754851
mail@kuwaitmark.com
www.Kuwaitmark.com