Summary
The provisions of Law No. 4 of 1962 and its amendment of 1999 allows for the registration of patents in Kuwait. The validity of a patent of invention is 20 years as of the date of filing the application.
Currently, once an application is filed for the grant of a patent registration, the Kuwait Patent Office has recently started to examine and grant patents. But, there is no specific time frame for examining and granting patents. However, they are accepting the patents annuity fees even if they are not examined or granted. Annuities should be paid at the beginning of each year starting from the second year of filing the PCT application filing date till the end of the protection period.
Until issuance the Patent Certificate from the Kuwaiti Patent Office, all filed patent applications shall remain as documentary evidence of ownership and priority claim even in the absence of examination and issuance of certificates by the Patent Office.
According to the patent law, patents for utility models will be granted to those applications which include a new technical solution in the shape or formulation for equipment, means, tools, parts thereof or others which are used in commercial applications. An applicant may transform his patent application for utility model into a patent application for an invention, if the conditions are fulfilled, and vice-versa. In both cases, the filing date of the original application shall be taken into consideration.
The term of protection of a utility model is 20 years as of the date of filing the application. It is not possible to renew the term of protection. The Kuwait Patent Office has recently started to examine and grant patents. But, there is no specific time frame for examining and granting patents. However, they are accepting the patents annuity fees even if they are not examined or granted. Annuities should be paid at the beginning of each year starting from the second year of filing the PCT application filing date till the end of the protection period.
Kuwait is a member of the Gulf Cooperation Council Countries (GCC). A patent granted by the GCC Patent Office which is located in Saudi Arabia will protect the patent in all member countries including Kuwait. The GCC Countries comprise the United Arab Emirates, Kingdom of Bahrain, Kingdom of Saudi Arabia, Sultanate of Oman, State of Qatar and State of Kuwait.