– Ordinance No. 03-07 of July 19, 2003.
– Implementing Decree No. 05-275 issued on August 2, 2005.

– Paris Convention for the Protection of Industrial Property, Stockholm Act, since March 1, 1966.
– Convention Establishing the World Intellectual Property Organization (WIPO), since April 16, 1975.
– Patent Cooperation Treaty (PCT), since March 8, 2000.

Applicant: for patents and certificates of addition, the inventor or his successor, whether an individual, partnership or company.

Kinds of protection: (1) patents: granted for inventions to Algerians or to foreign inventors or their successors; (2) certificates of addition: granted for inventions which change, improve or add to the invention covered by a patent.

Patentable: an invention must be new, not obvious, result from inventive activity and be able to be applied to industry. The following are not considered as inventions: principles, theories and discoveries of a scientific nature as well as mathematical methods; plans, principles and methods aimed at accomplishing purely intellectual or play activities; methods of treatment of human or animal body by surgery or therapy as well as methods of diagnostic; educational, organization, administration or management methods and systems; simple presentation of information; computer programs; creation having exclusively an ornamental character.

Not patentable: the following cannot be patented: vegetable varieties and animals as well as essentially biological processes for obtaining vegetables or animals; inventions of which the publication or implementation would be contrary to good conduct or public order; inventions of which the exploitation on the Algerian soil would damage the health of persons and animals or the preservation of plants or seriously undermine the protection of the environment.

Novelty: an invention is new if it has not been made accessible to the public by written or oral means or through use before the date of application or, when relevant, before the priority date claimed. Exhibition of an invention by the inventor or his successor at an officially recognized exhibition within six months of the date of application does not destroy novelty.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, in French or Arabic, not legalized, duly signed, indicating the position of the signatory when the applicant is a corporate body;
2. Specification in French and Arabic, in duplicate, ending with the claims. Specification must be printed or typed on strong white paper (A4 format); double space, margin 3 to 4 cm on the left side, lines to be numbered by fives. Pages to be numbered on the top centered. Leave blank 3 to 4 cm on top of first page and minimum 8 cm at bottom of last page. Cover page should bear name of applicant and title of invention;
3. Abridgment (abrégé descriptif) describing in a few lines (max. 250 words), the main features of the invention;
4. Drawings in duplicate. The original should be on strong white paper or on a sheet of a transparent, supple and unglazed material; the copy on strong, smooth and unglazed white paper. Size: A4 format, margin of at least 2 cm on all sides;
5. Name, address and nationality of applicant. If a corporate body, state where incorporated and Head Office address;
6. If a Convention priority is to be claimed, date and number of basic home application. Certified copy of basic home application should be filed within three months from filing date;
7. If the applicant is not the proprietor of the basic foreign application, a priority assignment is also required.

Minimum requirements for obtaining a filing date: name and address of applicant; title in French; number and filing date of basic home application and at least a full text of the specification in French, Arabic or English. All other documents may be filed within a term of two months.

Electronic filing: available. 

Electronic signatures: are not accepted (only wet signatures).

Time limit for entering the national phase in Algeria: under both Chapters I and II: 31 months.

For filing a PCT National Phase application, the following documents are required:
1. A power of attorney simply signed by the applicant(s), mentioning the name and capacity of the signatory when the applicant is a corporate body;
2. Specification, abstract and drawings as published, in triplicate;
3. Arabic translation of the specification, abstract and drawings in triplicate;
4. A copy of the International Search Report (Chapter I);
5. A copy of the International Preliminary Examination report (Chapter II);
6. A copy of any changes recorded before WIPO in the International phase.

If the claims were amended during the international phase, the application is filed on the basis of the claims as amended. The applicant has the possibility to amend the claims (without addition of new claims) within one month of the filing date.

For certificates of addition: same requirements as for patents, but details of the number and date of the main patent must be given. They lapse with the main patent. Annuities are not paid on certificates of addition.

For the recordal of an assignment:
1. A deed of assignment, signed by both parties, and an official translation into Arabic if in another language than Arabic or French; legalization by the Algerian Consulate is required;
2. A power of attorney, in French or Arabic, not legalized, duly signed by the assignee. If the assignee is a corporate body, the name and position of the signatory must be stated.

Procedure: there is no examination as to novelty of the invention, but only as to unity and form. An application may be withdrawn at any time before grant.

Publication: notice in print giving only the number, name of patentee, and dates of application and grant is published soon after the patent has been granted. After publication, the patent documents are open to public inspection and copies may be obtained from the Patent Office.

Opposition: there is no provision for opposition to a pending application.

Beginning of protection: protection commences as from the date of filing.

Duration: in the case of patents of invention, twenty years from the filing date. Certificates of addition lapse with the original patent.

Renewal – annuities: patents must be renewed annually as from the filing date, starting with the second-year annuity. No annuity is due on certificates of addition. 

Annuity grace period: six months with penalty.

Marking: there is no provision compelling patentees to mark patented articles.

Working: a patent cannot be revoked on the grounds of non-working, but compulsory licenses may be granted if the patent is not satisfactorily exploited within four years from the date of filing or three years from the date of grant. Importation of patented articles does not constitute working for this purpose.

Compulsory licenses: are granted only when the patentee cannot advance sufficient reason for non-working or when the public interest requires it. A patent may be revoked three years after the grant of a compulsory license, if lack of exploitation or unsatisfactory exploitation of the patented invention has not been remedied, for reasons incumbent to the patentee.

Revocation: a patent may be revoked by the court at the request of any interested party if the invention is not novel or if the subject matter does not comply with the requirements for a patentable invention. A patent may also be revoked if it is not for a single invention or if the claims fail to define clearly the scope of the protection applied for.

Compulsory licenses: compulsory licenses may be granted (see above: “Working”).

Restoration: a patent may be restored within six months from the end of the grace period, on motivated request from the patentee.

Assignment: whole and partial assignments are permissible. An assignment must be recorded at the Patent Office in order to have effect.

Infringement: actions for infringement may be brought before the court by the patentee.