[Translation]
EGYPT
for Law No. 82 of 2002 on the Protection of Intellectual Property Rights Books One, Two and Four
Patents and Utility Models, Layout-Designs for Integrated Circuits, and Undisclosed Information
Patents and Utility Models
Article 1. For the application of the provisions of this Part, the following terms and expressions shall have the meaning here-below attributed to each, unless otherwise provided: Implementing Regulations for Law No. 82 of 2002 on the Protection of Intellectual Property Rights. Register established by the Office, in which patent applications and related decisions and acts are recorded.
(f) Gazette:
Patent and utility model gazette issued by the Office for the publication of accepted applications, related issued decisions and related acts.
(g) Committee:
Appeal Committee provided for by Article 36 of Law No. 82 of 2002 on the Protection of Intellectual Property Rights.
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Article 2. Applications for patents and utility models shall be filed with the Patent Office on the form established to that effect.
On filing an application, a fee shall be payable as indicated under the corresponding category of the schedule attached to these Regulations.
Applications filed by students registered with educational institutes, regardless of the grade level of the institute, shall be exempt from such fee.
Article 3. The patent application shall be accompanied by 6. Documentation establishing the quality of the applicant.
7. Documentation establishing, where applicable, the assignment by the right holder of the invention or utility model. Article 4. Documentation mentioned under items 3, 4, 5, 6 and 7 of Article 3 of these Regulations may be furnished within four months from the filing date of the application. The Arabic translation of the document provided for by item 1 of the same Article, where furnished with the application in a foreign language, may be furnished within six months from the same date.
If the documents provided for by the first paragraph are not furnished in due time, as the case may be, the application shall be considered as non-existent.
Article 5. Where, in the case provided for by Article 38 of the Law on the Protection of Intellectual Property Rights, the application is filed with the Patent Office of the Arab Republic of Egypt, the applicant shall furnish, in addition to the documentation provided for by Article 3 of these Regulations, an official copy of the detailed description of the invention or utility model, of the drawing thereof, if any, and any other documents filed together with the patent application filed with a foreign country or entity; any such documentation shall be authenticated by the industrial property authority of that country or entity, accompanied by a translation into the Arabic language and furnished with the application or within three months from the filing date of the application; failing which, the priority right shall lapse.
The date at which the application was first filed in a foreign country or entity shall be taken into account, for the determination of priority, upon fulfillment of the requirements therefor; the period of protection shall start from the date at which the application was filed in Egypt in accordance with Articles 9 and 30 of the mentioned Law.
Article 6. Applications for patents and utility models shall be alloted serial numbers according to the date and time of receipt, starting from the first of January of each year. The applicant shall be given a receipt indicating the serial number of the application, which shall be, together with annexes, sealed with the seal of the Office; the serial number and date and time of receipt shall be marked on the application.
Article 7. Applications shall be recorded in the Patent Register which shall contain the following data: 7. Acts relating to the patent application. 10. Actions of seizure carried out in relation with the patent.
Article 8. An alphabetical index of the applications received by the Office shall be established and shall contain an indication of the name of the applicant, name of the inventor, title of the invention or utility model, serial number of the application and date and time of receipt. The confidentiality of the application and its annexes shall be maintained until the acceptance of the application is published after, at least, one year from the date of receipt. The index shall be made available to the public at the Library of the Patent Office.
Article 9. The description of the invention or utility model shall contain only such chemical equations or the like as necessary.
Where required for the clarity of the description of the invention or utility model, a diagram shall be made on a sheet in accordance with the following Articles and shall accompany that description.
Article 10. The drawing of the invention or utility model shall be executed on clear, white, strong and smooth drawing sheets, of good quality and medium thickness, without any coloring and capable of being clearly reproduced by photography or the like.
Article 11. The size of the sheets used shall be 21 cm x 29.5 cm, and all margins shall be 2.5 cm.
Consecutive numbers shall be allotted to different figures of the drawing of the invention, and sufficient space shall separate a figure from another.
If necessary, more than one sheet may be used for the drawing of the invention.
Article 12. In the execution of the drawings of the invention or utility model, the following rules shall be complied with: 5. Parts or shades of the drawing shall not be emphasized in bold or by colorings. Article 13. The following data shall be indicated on the drawing sheet: 3. Number of sheets containing the drawing and the consecutive number of each sheet. Such data shall be presented, according to their order of succession, in a table to the bottom right of the drawing sheet.
Article 14. When necessary, the Office may require that the applicant furnishes, as the case may be, two samples or models of the invention or utility model.
Article 15. The Office may require that the applicant for a patent for an invention or utility model for chemical products relating to foodstuff, pharmaceuticals and agriculture furnishes two samples of such products.
The applicant shall establish a list of the samples and their nature, which shall be included in or attached to, the detailed description.
The applicant shall indicate, at the top of the detailed description of the invention or utility model, that such samples are furnished. The Office shall include such indication in the publication of the acceptance of the application, in the Gazette.
Article 16. Samples referred to under Article 15 of these Regulations shall be furnished in flasks of a maximum height of 8 cm and external diameter 4 cm. The flasks shall be tightly sealed with red wax and labeled with a card indicating the relationship between the sample and production referred to in the description of the invention. Such card shall be affixed to or suspended on the flask; in which case, it shall have a length not exceeding 10 cm and width 8 cm.
Article 17. If the invention relates to a colorant, a sample thereof shall be furnished in accordance with Articles 15 and 16 of these Regulations. Such sample shall be accompanied by specimens of products printed or colored by that colorant. Such specimens shall have, to the extent possible, an even surface, and shall be fixed on cards of 33 cm x 21 cm. Such cards shall contain a detailed statement describing the printing or dying process and, particularly, the composition of various solutions, degree of concentration, temperature, time required for each process, and capacity of color absorption by the dye. The said cards shall also indicate the percentage of colorant fixed in the dyed material, the composition of the printing paste, and a statement indicating the relation between the colorant used for printing or dyeing, and the relevant particulars in the description of the invention or utility model.
Where the sample contains toxic, caustic, explosive or inflammable substance, an indication to that effect shall be made on the label.
Article 18. If the Patent Office finds that the invention or utility model can be exploited in a prejudicial manner to national security, in contradiction with public order or morality, or in causing serious damage to the environment or damage to the life or health of humans, animals or plants, the decision by the Office to accept the application shall be subject to a waiver by the person concerned to use the invention in any such sort of exploitation.
Article 19. The Office shall notify the applicant or agent, by registered mail with acknowledgement of receipt, of any reasoned decision requiring amendments or complements to the application.
If the applicant fails to make the required amendments or complements within three months from the date of notification, the application shall be considered as withdrawn.
Article 20. The applicant may appeal against the decision of the Office before the committee provided for by Article 36 of the Law, within thirty days from the date of notification of the decision, against payment of the fee fixed in the schedule attached to these Regulations. The appeal shall be made, in two copies, using the form established to that effect.
The Office shall notify, by registered mail with acknowledgement of receipt, the person making the appeal, of the date at which the committee will be convened to consider the appeal, and summon that person to attend the hearing of the committee. Such notification must be received, at least seven days, before the date of the hearing.
A representative of the Office may attend the hearing convened for the consideration of the appeal, and shall be entitled to respond to the objections made by the person making the appeal.
The person making the appeal shall be notified, by registered mail with acknowledgement of receipt, of the decision made by the committee with the reasons therefor.
Article 21. The applicant may introduce amendments to the application before the acceptance of the application is made public, provided that: Article 22. Subject to Article 17 of the Law, the Office shall, upon acceptance of the application,
I. Publish the application in the Gazette, within ninety days from the date of issuance of the acceptance decision, provided that such publication includes: 5. Serial number of the application.
II. Enable any person in the public, who so wishes, to access, in the Office, the file of the patent or utility model, containing the application, description, drawing and relating samples, of the invention, and all relating documentation and recordings in the Register. Any person may obtain a copy of the above against payment of the fee fixed in the fee schedule attached to these Regulations.
If the invention relates to microorganisms, a sample shall be given, throughout the period of protection, to the person of the public, who so wishes, only if the following conditions are satisfied:
1. That person shall have the capacity to store such microorganisms.
2. The purpose of obtaining the sample shall be use in research and development activities or experiments.
3. That person shall not leak such microorganism to third parties.
The preceding conditions shall not limit the grant of a sample of the microorganism to a beneficiary of a non-voluntary license.
III. Notify the applicant, by registered mail with acknowledgement of receipt, within three months from the date of publication of the acceptance of the application, that the applicant shall furnish, at the applicant's expense, within a period not exceeding three months from the date of notification, five copies of the fully detailed description and five copies of the abstract describing the invention or utility model, in a manner acceptable by the Office; failing which, the application shall be considered as non-existent.
IV. Deposit, with the Library of the Patent Office, one printed copy of the fully detailed description and one of the abstract describing the invention or utility model.
Article 23. Opposition to the grant of a patent shall be made, within sixty days from the date of publication of the acceptance of the application in the Gazette, by a notification addressed to the Office in two copies, using the form established to that effect. An opposition shall be acceptable only upon payment of the fee fixed in the schedule attached to these Regulations. If the opposition is accepted, such fee shall be reimbursed.
Article 24. The Office shall communicate, by registered mail with acknowledgement of receipt, within seven days from the date of opposition, a copy of the opposition to the applicant.
The applicant may respond to the opposition within fifteen days from the date of communication. The response shall be submitted to the Office, in two copies, using the form established to that effect.
The Office shall send to the opposing party, by registered mail with acknowledgement of receipt, a copy of the response, within seven days from the date of receipt by the Office of the response.
Article 25. A hearing shall be fixed by the chairman of the committee provided for by Article 36 of the Law, for that committee to consider the opposition. The applicant and the opposing party shall be informed, by registered mail with acknowledgement of receipt, of the date of such hearing at least ten days before such date.
Article 26. Where the committee decides to designate an expert, such decision shall contain: Article 27. If the expert is a government officer or employee of a governmental authority, the committee shall inform such expert of the designation decision through the authority with which the expert is attached. If the expert is not such an officer or employee, that expert shall be informed by registered mail with acknowledgement of receipt.
Article 28. If the opposing and responding parties agree on the designation of an expert, the committee shall approve such designation.
Article 29. The Office shall notify the opposing and responding parties, by registered mail with acknowledgement of receipt, of the decision rendered regarding the opposition and reasons therefor, within ten days from the date at which such decision is rendered.
Article 30. If no opposition is made against the grant of a patent or an opposition was made and a decision refusing the opposition is rendered, the Office shall proceed with the grant of the patent.
Article 31. If the applicant assigns, in whole or in part, prior to the grant of the patent, the right in the patent, the assignee may request from the Office that the patent be issued, as the case may be, in the name of the assignee or jointly with third parties.
The request shall be made on the form established to that effect and accompanied by the assignment act or a true copy thereof.
In all cases, the invention shall be attributed to the inventor.
Article 32. the decision granting the patent shall contain the following data: 3. Name, nationality and domicile or, where the patent owner is a legal entity, name, address and headquarters, of the patent owner. Article 33. The decision granting the patent for an invention or utility model shall be published in the Gazette.
Such decision shall be recorded in the Register which shall include the data provided for by Article 32 of these Regulations.
Article 34. A progressive annual fee shall be paid as of the second year until the expiration of the patent protection period, as indicated under the corresponding category in the schedule attached to these Regulations. The Office shall notify the person concerned, by registered mail with acknowledgement of receipt, thirty days before the due date for the payment of the annual fees, of that date. If the applicant fails to pay in due date, a surcharge shall be imposed, amounting to seven percent of such fees, to be calculated as of the day following the due date. Failure to pay annual fees or surcharges for a period of one year from due date shall cause the rights conferred by patents for inventions or utility models to lapse and fall into the public domain.
The notification referred to in the preceding paragraph shall be made at the most recent addressed communicated to the Office by the person concerned.
Article 35. The annual fee shall be reduced to 10% of the prescribed fee for students registered with educational institutes, regardless of the grade level of the institute, and half for individuals and individual establishments with a maximum staff of ten persons.
Article 36. A request for a non-voluntary license for the exploitation of an invention or utility model shall be submitted, in application of the provisions of the Law, to the Office, on the form established to that effect.
Article 37. A Secretariat shall be established, by decision of the President of the Academy for Scientific Research and Technology, within the Office, and shall be responsible for receiving requests for issuing or obtaining non-voluntary licenses, recording such requests in a special register according to the date of receipt, and processing such requests for consideration by the Office.
Article 38. The Office shall examine non-voluntary license requests to verify whether formal and substantive conditions are complied with, and shall transmit to the ministerial committee provided for by Article 23 of the Law, by virtue of a notice accompanied by an opinion, such requests as it finds acceptable for issuing non-voluntary licenses.
Article 39. In the case provided for by Article 23(iii) of the Law, the grant of a non-voluntary license shall require that the applicant proves that negotiations with the patent holder have been held for a reasonable period of time and serious attempts have been made to obtain a voluntary license under appropriate conditions.
In the appreciation of the extent to which conditions are appropriate, the following shall be taken into account: Article 40. A non-voluntary license shall be granted only to a person capable of seriously exploiting the invention through an establishment carrying out activities in the Arab Republic of Egypt, within the scope and period and under the conditions, fixed by the decision granting the license.
IMPLEMENTING REGULATIONS
BOOK ONE
Part I