Patents of Invention

– Law No. 1 of 2004 on Patents and Utility Models, issued on January 29, 2004, amended by Law No. 14 of 2006, issued on May 31, 2006, superseding the Patents Law issued in 1955.
– Implementing Regulations of Law No. 1 of 2004 on Patents and Utility Models, published in the Official Gazette No. 3397 on December 13, 2018.

The Supreme Council of the Gulf Cooperation Council (GCC) in its 13th session held in Abu-Dhabi on December 21-23, 1992, has approved the patent regulation for GCC member States (see article covering the “Gulf Cooperation Council“).

Membership in International Conventions

– WTO’s TRIPS Agreement, since January 1, 1995.
– Convention Establishing the World Intellectual Property Organization (WIPO), since June 22, 1995.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since October 29, 1997.
– Patent Law Treaty, since December 15, 2005.
– The Kingdom of Bahrain is a member of the Patent Regulation of the Gulf Cooperation Council.
– Patent Cooperation Treaty (PCT), since March 18, 2007.
– Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, since November 20, 2012.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since December 31, 2013.

Filing

The conditions of protection under the Law are as follows:

Applicant: any individual or a corporate body who owns an invention may apply.

Novelty: absolute novelty is a requirement. 

No novelty grace period unless application filed under Paris Convention (12 months) or PCT (30 months).

Priority: applicable.

Exceptions to protection: inventions affecting legally acquired rights and those contrary to safety, public health and morals.

Territory covered: Kingdom of Bahrain.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, legalized up to a Bahraini Consulate or by Apostille;
2. If the applicant is not the inventor, an original deed of assignment between the applicant and the inventor to be signed by the concerned parties;
3. The name, address and nationality of the applicant(s) and the inventor(s);
4. The title of the invention and a summary description of the invention (abstract) along with its Arabic translation (in word document);
5. 2 copies of the specification of the invention. The document should be submitted along with its verified Arabic translation (in word document);
6. 2 sets of formal drawings bearing Arabic reference numerals, if any;
7. A certified copy of the basic Convention patent application, if claiming priority, or a copy of the PCT application as filed mentioning the priority date, if priority is claimed;
8. The International Search Report for the PCT application (must be in English);
9. The International Publication Report for the PCT application (must be in English);
10. If the subject of the patent application relates to microorganisms, a Certificate of Deposit of Microorganism Culture is required;
11. If the patent application relates to genetic resources or traditional knowledge, the document(s) indicating that the inventor acquired the genetic resource or the traditional knowledge legally.

Note: if the documents are not in English, an English translation must be attached. All documents must be filed in both languages, English and Arabic (in word document).

Electronic filing: available.

Electronic signatures: are accepted, provided they are notarized and legalized up to the Bahraini Consulate or by Apostille.

For a change of name or address:
1. Power of attorney, legalized up to a Bahraini Consulate or by Apostille;
2. Change of name or address document, legalized up to a Bahraini Consulate or by Apostille.

Time limit to file PCT applications: time limit for entry into the national phase under Chapter I and Chapter II: 30 months.

Examination, Protection

Examination: formal and substantive examination.

Accelerated examination: not possible.

Amendments and voluntary amendments: possible.

Divisions: not applicable.

Opposition: the implementing procedure for this step has not been enacted yet.

Delivery of document: the patent certificate is issued in digital format only.

Duration: twenty years from the date of filing the application or from the priority date in case of claiming priority subject to payment of the prescribed annuity fees due.

Extension of the term: will be possible to compensate for unreasonable delays in granting the patent (issuance more than four years from the filing date of the application). For pharmaceutical products subject to a patent, an extension of the patent term is available to compensate for unreasonable reduction of the effective patent term as a result of the marketing approval process.

Annuities: are due from the beginning of the second year the patent is granted calculated as of the filing or priority date.

Annuity grace period: six months subject to late payment fee.

Working: required.

Compulsory license: applicable upon failure to satisfy the stipulated working requirements within three years as from the grant date, or within four years as from the date of application, whichever is longer.

Marking: no provision in the law.

Assignment: in order to be effective, an assignment must be recorded.