Patent Registration in Egypt | Law 82 of 2002 Full Guide

A patent is a form of legal protection established to protect innovators and inventors. It grants its owner the exclusive right to exploit their invention for a specified period and prevents others from unlawfully exploiting their innovation, thereby striking a balance between the inventor's interest in enjoying the fruits of their innovation and society's interest in benefiting from scientific and technological development. The Egyptian lawmakers have organized the provisions of patents and how to register them under Law No. 82 of 2002 and the Executive Regulations on Intellectual Property Protection, to encourage scientific research and investment in the areas of industry and technology, and support innovators and inventors, which promotes economic development, as we will explain below:

A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. A patent protects the invention for the patent owner. The protection is granted for a limited period, generally 20 years. Patent protection means that the invention cannot be commercially made, used, distributed, or sold without the patent owner's consent.

An invention must, in general, fulfill the following conditions to be protected by a patent:

1. Novelty: The invention must be new, haven't been disclosed in public use or otherwise available to the public.

2. Inventive step: The invention shall be non-obvious to someone skilled in the field.

3. Industrial applicability: The invention shall have a practical and useful application in a commercial or industrial field.

4. Legitimacy: An invention cannot be patented if its commercial use would violate public order, public morality, or national security, or if it poses a significant threat to human, animal, or plant life/health or the environment.

5. Specificity and clarity: The statement shall be clear and sufficient as to enable any person ordinarily skilled in the art to which the invention pertains to work the invention.

Types of patents:

Patents are divided into several types, depending on their nature, the country in which they are registered, and the purpose of their registration. The most important types are:

1. Patent for developments: It is issued for developing an existing invention to make it more useful and efficient.

2. Patent for new use: It is awarded when a new and innovative use for a previously known material or product is discovered.

3. Product patents: It is granted to protect a new physical product such as equipment, machines, and medicines, or to protect a new industrial innovation.

4. Patent for industrial developments: It is awarded for new methods in manufacturing, production, or processing that improve product quality or reduce production costs.

The Authority responsible for registering patents:

The Egyptian Patent Office is the only official government agency responsible for examining and approving patent applications in Egypt.

How to register patents:

Applications for registering patents and utility models shall be submitted to the Patent Office on the form prepared for that purpose, along with payment of the applicable fees.

The following documents shall be attached to the patent application:

1. A complete and detailed description of the invention or utility model in Arabic, in a clear manner and including all information about the invention or utility model, the elements to be protected, and data and information about applications filed abroad for the same invention or utility model, on the form prepared for that purpose. A translation into Arabic may be submitted within six months of the date of filing the patent application.

2. A brief description of the invention or utility model in Arabic and English, accompanied by the structural formulas of chemical compounds, if any, on the form prepared for the purpose.

3. If the application relates to an invention or utility model that includes plant or animal biological materials, traditional medical, agricultural, industrial, or craft knowledge, or cultural or environmental heritage, documents proving that the inventor obtained them legally in accordance with Egyptian legislation shall be attached. The application may be submitted within four months of the date of filing the patent application.

4. If the application relates to microorganisms, the applicant shall disclose such microorganisms in accordance with accepted scientific principles. It shall include all the information necessary to identify their composition, characteristics, and uses. Also, a live culture of them shall be submitted to a lab approved by a decision of the scientific research minister. A certificate proving this submission shall be submitted. The application may be submitted within four months from the date of filing the patent application.

5. An extract from the applicant's registration page in the commercial register, or an official copy of the contract or decision establishing it, if it is a legal entity or person, which may be submitted within four months from the date of filing the patent application.

6. Documents proving the applicant's status, which may be submitted within four months from the date of filing the patent application.

7. Documents proving the assignment of the invention or utility model from the owner of the rights thereto, if any, which may be submitted within four months from the date of filing the patent application.

8. Certificate of provisional protection for the invention or utility model, if any.

9. Receipt of payment of application fees.

• If the Egyptian Patent Office (EPO) requests amendments or specific requirements for the registration application, the applicant or their agent shall be notified of the decision of the EPO by registered letter with acknowledgment of receipt. If the applicant fails to make the required amendments or fulfill the requirements within three months from the date of notification, the application shall be deemed withdrawn.

Patent registration procedures:

1. The application shall be submitted to the EPO in hard copy or soft copy.

2. Documents are formally examined to ensure that they are complete.

3. Publication shall be made in the Official Gazette of Patents to allow for the right of objection.

4. An objective examination of the documents is carried out to ensure that the conditions for registering patents are met.

5. If accepted, the patent certificate will be granted for a period of 20 years from the date of application.

Appeal against the EPO's refusal to register the application:

If a registration is denied or cancelled, the applicant may appeal the decision within 30 days of being notified, provided they pay the fee specified by law. The appeal must be submitted in two copies using the correct form.

The EPO shall notify the complainant by registered letter with acknowledgment of receipt of the date of the committee convention to consider the appeal, and shall require them to appear before it. The notification shall arrive at least 7 days before the convention date.

A representative of the EPO may attend the hearing and has the right to respond to the objections raised by the complainant. The complainant shall be notified of the committee's decision and the reasons for it by registered letter with acknowledgment of receipt.

Priority in registering patents:

A patent application is often filed in more than one country at the same time. Most countries apply a system known as “first to file,” whereby the patent is granted to the first person to file the application.

Priority shall be determined based on the date of application in the first foreign country or entity where it was filed. However, the term of protection shall commence on the date of filing the application in Egypt.

The priority principle is particularly useful when the aim is to obtain patent protection for the same invention in several countries, as the applicant is not required to file an application in all the target countries at the same time.

In conclusion, the patent registration system in Egypt is a fundamental legal tool for protecting the rights of innovators, encouraging research and development, and supporting the competitiveness of the national economy. The measures specified by Egyptian law strike a balance between the inventor's interest in protecting his invention and society's interest in benefiting from these inventions after the protection period has expired.

Therefore, inventors' and companies' awareness of the legal and procedural framework for registering patents is a key factor in ensuring that their rights are protected and their innovations are effectively exploited.

In light of the above regulations regarding the registration of patents in Egypt, we, Sadany & Partners Law Firm, affirm our full commitment to providing the best legal services to our valued clients.

We work hard to:

• Guide our clients towards the optimal legal path for initiating patent registration in Egypt.
• Providing full support, including the start of the registration application process and the final patent registration.
• Providing professional legal services and advice, enabling our clients to make informed decisions.

We always strive to provide comprehensive legal solutions that keep pace with regulatory and legislative changes, thereby serving the interests of our clients and protecting their rights.