Patents
Under Law No. (1) of 2004 With Respect to Patents and Forms of Benefit; with its Amendment Law No. (14) of 2006 on Amendments to Certain Provisions of Law No. (1) of 2004.
A patent is granted for inventions that are new or novel, inventive, useful, and in compliance with the Sharia laws.
The term of protection for patents is 20 years from the filing date or from the international filing date (in case of a PCT national phase application); the applicant is required to pay annual fees throughout the whole applicable duration of protection.
The patent application is submitted to the Bahrain Patent Office if the applicant is a citizen or resident; foreign applicants must apply through the IP Registration Office or through a law firm in Bahrain.
Patent applications once filed are first examined as to formalities by the Bahrain patent office. The official language of the patent must be in Arabic. It is possible to file in English though Arabic translations must accompany the documents. Once an application is accepted as to formalities, the Bahrain patent office directs the applicant to the pay the substantive examination fees. However, it is important to note that the Bahrain authorities (including courts) officially recognize only the Arabic version of the patent application (and subsequently granted patent). After substantive examination, accepted applications are published in the Bahrain Official Gazette. The opposition period is 60 days from the publication date. Patent applications are granted upon payment of the grant fees at the expiration of the 60 days opposition period. The Bahrain Patent Office issues an electronic registration certificate evidencing grant of the patent. It is important to note that the Arabic version of the patent (as originally filed and amended during prosecution) is the only official version recognized and enforceable in front of the Bahrain courts.
The Bahrain Industrial Property Law sets out exclusions from patentability (and registration of utility models) which include:
Inventions for which a ban on its commercial exploitation in the Kingdom is necessary to preserve the public order, morals or will be detrimental to the protection of human life or human, animal or plant health or to avoid causing considerable damages to the environment.
Animals.
The necessary methods of diagnosis, treatment and surgery for treatment of humans and animals except for the products that are used in any of these methods.
No, it is not mandatory to conduct a search, however the same is highly recommended.
Patent applications can be filed in the name of an individual or a corporate entity. The documents required are notarised power of attorney, notarised deed of assignment and notarised certificate of incorporation.
Industrial design mainly protects the shape or ornamental feature of the product. It can consist of three-dimensional features, such as the shape of an article, or two-dimensional features, such as patterns, lines or color. Absolute novelty is one of the main criteria for registration of an industrial design.
The protection period for an industrial design is 10 years from the date of filing. If the applicant files a renewal application during the last year (and an additional six month grace period), the protection shall be renewed for a further 5 years. The industrial design application is submitted to the Bahrain Patent Office.
Patents for utility models are granted based on the results of formal and substantive examinations. The protection period for a utility model patent is 10 years from the date of filing.
