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Patent Law
The Patent Law in Kuwait is addressed under the statues
viz; Patents, Designs and Industrial Models Law of 1962
(Law No.4 of 1962) as amended by the Patent Law No.3 of
2001. The amendments has been brought about in the new
Patent Law to comply with the requirements of the TRIP's
Agreement. The law now had included patenting of
inventions related to food stuffs, medicinal drugs,
pharmaceutical compositions etc.
Once the patent owner is vested with the right to use
that patent continuously for 20 years from the date of
application. Apart from Kuwait Nationals, the following
persons are entitled to apply for patents in Kuwait
(Article 5). They are:-
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Foreigners residing in Kuwait or having industrial
or commercial establishment therein, foreigners who
are nationals of the countries which accord Kuwait
reciprocal treatment or who are residents of or have
a true domicile in such countries,
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Corporations, societies, firms or associations of
industrialists, producers, merchants or workers
established in Kuwait or in countries which accord
Kuwait reciprocal treatment, if they enjoy corporate
status.
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Public services.
There are provisions for opposition (Article 22-29) and
compulsory licensing(Article 34-35). Any acts amounting
to infringement of a patent is punishable by
imprisonment for period of maximum one year or a fine of
KD. 5,000/- or both (Article 46).
In 1998, the Gulf Cooperation Council (GCC) countries
have set up a common patent system similar to that of
the European Patent Convention (EPC) . For acquiring a
patent, the applicant has to prove novelty of his patent
on a world-wide basis and which should not be in public
use or any prior disclosure. It seems that dual
protection by way of national and GCC patents for the
same invention will not be allowed, but it will be
possible to file an application for a GCC patent,
notwithstanding the grant of a national patent as long
as an undertaking is given that the national patent will
be abandoned once the GCC patent has been granted. The
term of GCC patent is 15 years from the grant of patent
and a 5 year extension may be allowed if applied for.
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