Summary
Once a patent application is filed, it is examined as to unity and form only. There is no examination as to the novelty of the invention, although the provisions of Patent Law No. 03-07 of 2003, stipulate that an application should be filed before the invention has become known through publication or use.
A patent is valid for 20 years starting from the national filing date of the application. Such validity is subject to the payment of the prescribed annual fees. Annuities are to be paid counting from the national filing date. A 6-month grace period with a fine is allowed for late payment of the annuity.
Under the Patent Cooperation Treaty (PCT), a patent is valid for 20 years starting from the international filing date of the application. Such validity is subject to the payment of the prescribed annual fees. Annuities are to be paid counting from the international filing date. A 6-month grace period with a fine is allowed for late payment of the annuity.
The rights to a patent may be assigned or transferred through succession. An assignment shall have no effect against third parties, unless it has been entered in the relevant records of the Patent Office. A patentee may license the right to use his invention. License agreements must be recorded to be effective against third parties.
Working of patents in Algeria is an official requirement. In the event that the owner of a patented invention in Algeria does not satisfy the stipulated working requirements of the country within 4 years as of the date of filing, or 3 years from the grant, the patent will be subject to compulsory licensing under the provisions of the law.
Importation of patented articles is not considered a sufficient working requirement. The rights conferred by a patent on the registered patentee expire on the lapse of the protection period as prescribed by the law, lawful assignment of the patent rights, final court decision to this effect, or non-payment of a due annuity within 6 months after the respective due date. Infringement of the rights of a patentee is punishable under the provisions of the current patent law.