Patents
Law No. 82 of 2002 on the Protection of Intellectual Property Rights (as amended up to Law No. 178 of 2020) and its implementing regulations law Resolution of the Council of Ministers No. 1366 of 2003 Issuing Executive Regulations for Law No. 82 of 2002 on the Protection of Intellectual Property Rights, Books One, Two and Four.
A patent is granted for inventions that are novel, inventive, industrially applicable, 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 Egyptian Patent Office through E-Service online system if the applicant is a citizen or resident; foreign applicants must apply through the IP Registration Office or a law firm.
Patent applications once filed are first examined as to formalities by the Egypt 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 Egypt patent office directs the applicant to the pay the substantive examination fees. However, it is important to note that the Egypt 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 Egypt 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 Egypt Patent Office issues a hard copy of a 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 Egypt courts.
The Egyptian Law of the Protection of Intellectual Property Rights sets out exclusions from patentability (and registration of utility models) which include:
Inventions contrary to public order and morality.
Discoveries, scientific theories, mathematical methods, programs and schemes.
Diagnostic, therapeutic and surgical methods for humans and animals.
Plants, animals, and biological processes, regardless of their rarity or peculiarity, other than microorganisms, non-biological and microbiological processes for the production of plants or animals.
Organs, tissues, live cells, natural biological substances, nuclear acid and genome.
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 protects any composition of lines or any three-dimensional form whether or not associated with colors provided that such composition or form gives a special appearance of novelty and is industrially applicable.
The protection of an industrial design shall be for ten years. Protection can be extded for another five years if the owner applies for renewal within the last year of the protection period. A three month grace period is given for renewal.
A utility model patent shall be granted, under this Law for any new technical addition in the structure or composition of devices, tools, equipment or their components, or products, processes or means of manufacturing the above, and the like that is in current use.
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.
The protection period for a utility model last seven years from filing date and is non-renewable.
