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Filing Requirements: |
Patents:
Oman
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Patent protection can be obtained as follows in Oman:
A)
By filing a PCT application, Oman became the 113th Contracting
State of the Patent Cooperation Treaty (PCT) when it deposited its
instrument of accession at WIPO on July 26, 2001. The Treaty will
enter into force for Oman on October 26, 2001.
Oman's accession means that in any international application
filed on or after October 26, 2001, applicants may designate Oman
(country code: OM) and also that nationals and residents of Oman may
themselves file PCT applications as of that date. As Oman will be
bound by Chapter II of the Treaty, it may also be elected for the
purposes of international preliminary examination.
PCT Filing Requirements:
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A power of attorney duly legalized up to the Oman Consulate.
(Power Form)
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International Search Report.
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International Publication Sheet.
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Specifications, claims, abstract and drawings in English with an
Arabic translation thereof.
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PCT Preliminary Examination Report.
Notes:
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Arabic translation of the specifications, claims, drawing and
Abstract can be filed within 3 months form the date of application.
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Application must be filed within 30 months from original application
date.
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Documents required in 2, 3 and 5 must be submitted at the time of
filing.
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Power of attorney and Arabic translation can b filed within 3 months
from the date of filing.
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Annuities are due within 6 months after grant retroactive from the
date of PCT application, Annuities can be paid at any time on or
before the due date and for any number of years. It is still
possible to pay the annuity after 3 months without late payment fee
and another 3 months with penalty for late payment fee (total grace
period for such late payment of annuities is six months), failing to
do so the application will be cancelled.
B)
By filing National Application based on Omani Patent Law; As of 21
December 2005, The Omani Ministry of Commerce and Industry announced
that it began accepting filing of patent applications in Oman
effective December 17, 2005.
This filing became possible due to the issuance of the schedule of
official charges for patent services rendered by the Ministry. The
charges were issued by Ministerial Decision No. 91/2005 dated
December 10, 2005 and were published in the Official Gazette No. 805
on December 17, 2005.
The schedule includes charges for the following services for both
individuals and companies: filing of a patent application, providing
a letters-patent, payment of patent annuities from (2nd -20th),
amendment of patent application, recording a change of ownership or
an assignment, obtaining a copy of the patent from the register,
granting of a compulsory license, filing a petition, and publication
in the Official Gazette.
Its worth mentioning that The Omani Patent Law was issued in 2000 by
Sultanic Decree No. 82/2000. The Implementing Regulations were
issued by Ministerial Decision No. 73/2005 dated September 10, 2005
and were published in the Official Gazette No. 799 dated September
17, 2005.
Validity:
Patent is valid for twenty years as of the date of grant. The
invention shall also be protected as of the date of filing the
patent application, to the date of the patent grant.
Annuities:
No annuities are payable until the application has granted and that
annuities will become due from the date of grant.
Patent Requirements:
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Power of attorney duly legalized up to the Omani Consulate.
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Letters patent (home registration certificate) duly legalized up to
the U.A.E. consulate.
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Three copies of specifications, claims and drawings in English and
Arabic.
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Priority Document duly legalized up to the Omani Consulate in case
priority is too claimed.
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Deed of Assignment duly legalized up to the Omani Consulate.
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Certificate of incorporation or extract from the commercial register
for the applicant duly legalized up to the Omani Consulate.
C) By filing a GCC Patent application, as Oman
is a member state of Gulf cooperation Council Patent Treaty . Member
states of the agreement are: Saudi Arabia, United Arab Emirates,
Kuwait, Bahrain, Qatar & Oman.
Patent Requirements:
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Power of attorney duly legalized up to any of the GCC
member states Consulates.
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Extract from the commercial register or certified copy
of the certificate of incorporation, if the applicant is a corporate
body, duly legalized up to any of the GCC member states Consulates.
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Deed of assignment from the inventor(s) or a certified
copy of the original assignment duly legalized up to any of the GCC
member states Consulates, if the inventor is not the applicant
himself.
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Certified copy of the priority document duly legalized
up to any of the GCC member states Consulates, in case priority is to
be claimed.
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Three copies of the specifications which should
include in sequence order: Detailed Description, Claims, Drawings (if
any) & Abstract. Each of these sections should start on a new page
and the detailed description and the abstract should start with the
title of the invention, which should be in the middle of the top of
the page and should be underlined. Subtitles included in the detailed
description should be in the following sequence :- Title of the
Invention, Technical Field, Technical Background, Introduction,
Description of Drawings (if any), Means of Applying the Invention,
Methods of Industrial Application. Each title should be underlined.
The Abstract should not exceed half a page. If any of the
aforementioned documents is not originally in English, a certified
English translation must accompany it.
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Arabic translation of abstract, specification and
claims must accompany the application when filed.
The following must be noted while filing a GCC
patent application:
As per Articles 17, 18 & 19 of the Implementation
Regulations of the GCC Patent Law, the applicant or his agent must
sign :-
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an obligation form to relinquish a patent previously
granted by a GCC state within 90 days as soon as a patent is granted
by the GCC Patent Office.
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an obligation form to withdraw a previously filed
patent application in any of the GCC states within 90 days from the
date of filing a GCC application, and
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an obligation form not to file a patent application at
any patent office within the GCC states.
A 90 days grace period is given for filing the
supporting documents as from the filing date. Failure to do so will
render the application as void, as extension of time is not possible.
Novelty requirements:
An Invention shall be considered new if not
anticipated by prior art. Prior art being constituted by everything
disclosed to the public any where, expressed in writing, oral
disclosure, by using method, or by any other way that realizes
conception of the invention before the relevant filing date of the
patent application or priority date validly claimed in respect
thereof. For the purposes of this paragraph, disclosure of the
invention to the public shall be inconsiderable if it took place
within one year, either before the application filing date, or before
its priority date. Such was being caused by abusive actions of others
against the applicant or his predecessor or as a result thereof. The
disclosure of the invention to the public shall also be
inconsiderable if it took place in an officially recognized
exhibition within the six months preceding the filing of the
application, such being the case, the Implementing Bylaws shall
determine the protection provisions for the subject invention.
Annuities: Annuities are to be paid at the
beginning of each year (regardless of the filing or priority date).
GCC patent applications are referred to the Australian
Patent Office for examination. |
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Merger / License Requirements: |
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A power of attorney legalized up to the Consulate of Oman.
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A legalized certificate of merger or license agreement. The license agreement should indicate the trademark registration number in Oman.
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A certified copy of the certificate of incorporation of the licensee company, an extract of its entry in the commercial register or a good standing certificate including all relevant information.
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Change of Name/Address Requirements: |
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A legalized power of attorney showing the new name and/or address.
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A certified copy of the certificate of change of name and/or address.
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