– Law 1982-66 of August 6, 1982.
– Patents of Invention Law No. 2000-84 of August 24, 2000.

– Paris Convention for the Protection of Industrial Property, Stockholm Act.
– Convention Establishing the World Intellectual Property Organization (WIPO), since November 28, 1975.
– WTO’s TRIPS Agreement, since March 29, 1995.
– Patent Cooperation Treaty (PCT), since December 10, 2001.
– Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, since May 23, 2004.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since March 30, 2018.

Validation of a European Patent: possible in Tunisia since December 1, 2017.

Applicant: inventor or his assignee (individual or company).

Foreigners and nationals living abroad: must appoint a representative residing in Tunisia.

Types of patents: (1) patents of invention; (2) patents of addition; (3) divisional patents. The application for a patent is constitutive for the property.

Exceptions to protection: (1) abstract principles whose industrial use is not specified; (2) financial plans; (3) inventions contrary to public order, good morals or public security; (4) surgical, diagnostic or therapeutical methods are not patentable.

Chemical and pharmaceutical products are patentable.

Novelty: to be patentable, an invention must present three conditions: (1) novelty, (2) inventive activity, (3) industrial application. The invention must not have been accessible to the public through printed publication or through any other means either in Tunisia or in any other country before the filing of the application or the priority date.

Novelty grace period: none.

Secrecy of the application: not possible.

Examination: no preliminary examination with regard to novelty or the merit of the invention.

Divisional application: may be filed before publication of the decision of grant.

Priority: according to the Paris Convention.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney (not legalized);
2. Specification in French, Arabic or in English, 3 copies;
3. Drawings, size 21 x 33 cm, 3 sets;
4. If priority is claimed: certified copy of corresponding home application.

Filing without one or more requirements: not possible.

PCT applications: time limit for entering national phase under both Chapters I and II: 30 months.

Filing requirements for a PCT application:
1. Front page of international publication;
2. A simply signed power of attorney and 3 copies of the specification.

European patent applications: it is possible to request validation of European patents and patent applications filed on or after December 1, 2017 in Tunisia (including PCT applications containing a designation for a European patent), conferring essentially the same protection as patents granted by the EPO. A recordal is compulsory within three months of the publication in the European Patent Gazette by a local agent; requirements are as for national patents.

Beginning of protection: date of filing.

Duration: twenty years.

Extension of duration: not possible.

Opposition: an opposition to the grant of a patent may be lodged within two months from the date of publication of the grant.

Annuities – latest term for payment: must be paid before or on the last day of the anniversary month of filing.

Annuities grace period: six months with fine of 1/12 of the government fee per month; possibility of a restoration action during three months.

Validation of invalidated patents: not possible.

Marking of patented goods: not compulsory.

Text of marking: “Breveté sans garantie du gouvernement tunisien”.

Working: strongly advisable. Non-use during a three-year period counted from the date of issue or a four-year period counted from the date of filing, or during any three consecutive years, without justified reasons, may lead to cancellation of a patent at the request of any interested party. Nominal working, or offer to license is accepted as acts of use in the absence of actual use.

Reworking: every three years. Importation of patented goods manufactured outside of Tunisia is not considered working under the law.

Compulsory license: provided for by the law. compulsory. Non-use during a three-year period counted from the date of issue or a four-year period counted from the date of filing, or during any three consecutive years, without justified reasons, may lead to cancellation of a patent at the request of any interested party. Nominal working, or offer to license is accepted as acts of use in the absence of actual use.

Penalty for infringement: seizure of offending goods, payment of damages, fine and/or imprisonment.

Assignment: the application and the patent can be transferred by assignment to anyone. The assignment deed must be registered at the Patent Office.

Licenses: possible.

Nullification action: anyone who is interested may bring such an action before the tribunals.