Patents: Frequently Asked Questions

1: Can a patent search be conducted?

Yes.

2: Can a patent application be filed without its complete documents?

Yes.

3: Can convention priority be claimed? Paris Convention?

Yes.

4: Can a patent be obtained for pharmaceutical products?

Yes. Examination did not begin until January 1, 2005.

5: What is the term of protection of a patent and from which date is it calculated? Can it be extended?

20 years from the date of filing in Egypt – No.

6: Is a secret form of filing a model/design permitted?

No

7: Is there a novelty requirement? Is it local or worldwide?

Yes, worldwide.

8: Are utility models granted protection in Egypt under the current law?

Yes.

9: Is the patent protection available for software alone, or must the software be coupled with computer hardware in order to permit patent application?

No – Yes.

10: Can the specifications or claims be amended?

Yes.

11: Could annuity payments be required before the granting of the patent?

Yes.

12: In what language should specifications and claims of the patent be filed?

Arabic specification and abstract, as well as an English abstract.

13: Is working of the invention required to keep protection in force and, if so, can the working requirements be satisfied by importation or nominal working?

Non-use may lead to the granting of a compulsory license, and if non-use continues after the grant of a compulsory license, the patent will lapse. Yes, importation meets the requirements of working, but nominal working may not meet the requirements of working if the nominal working is not sufficient to meet the needs of the market.

14: What are the conditions that might lead to a compulsory license?

Conditions that may lead to a compulsory license include

  • Public non-commercial interests;
  • Cases of emergency or circumstances of extreme emergency;
  • Abuse of the rights conferred by the patent in a manner that is contrary to fair competition
  • Support of vital economic interests of Egypt.

15: Must assignments be recorded within a certain period?

No.

16: Does the Patent Law provide for licenses or registered users?

Yes.

17: Does the Patent Office publish the patent applications in the Official Gazette?

Yes. Information about patent applications is published in the Official Gazette one year after the application’s filing date.

18: Is pre-grant opposition permitted?

Yes, within 60 days of publication of the application in the Official Gazette, any concerned party may submit an opposition to the grant of the patent, with payment of the appropriate fee. For applications that have military, security, or health significance, opposition by the Minister of Defense, Military Production, Interior, or Health is also possible within 90 days of notification of the application by the Patent Office or within 90 days of application publication.

19: Is electronic application filing available?

No.