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Filing Requirements:

Patents: Oman


Patent Applications:
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:

  1. A power of attorney duly legalized up to the Oman Consulate. (Power Form)

  2. International Search Report.

  3. International Publication Sheet.

  4. Specifications, claims, abstract and drawings in English with an Arabic translation thereof.

  5. PCT Preliminary Examination Report.

Notes:

  1. Arabic translation of the specifications, claims, drawing and Abstract can be filed within 3 months form the date of application.

  2. Application must be filed within 30 months from original application date.

  3. Documents required in 2, 3 and 5 must be submitted at the time of filing.

  4. Power of attorney and Arabic translation can b filed within 3 months from the date of filing.

  5. 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:

  1. Power of attorney duly legalized up to the Omani Consulate.

  2. Letters patent (home registration certificate) duly legalized up to the U.A.E. consulate.

  3. Three copies of specifications, claims and drawings in English and Arabic.

  4. Priority Document duly legalized up to the Omani Consulate in case priority is too claimed.

  5. Deed of Assignment duly legalized up to the Omani Consulate.

  6. 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:

  1. Power of attorney duly legalized up to any of the GCC member states Consulates.

  2. 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.

  3. 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.

  4. Certified copy of the priority document duly legalized up to any of the GCC member states Consulates, in case priority is to be claimed.

  5. 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.

  6. 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 :-

  • 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.

  • 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

  • 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.

 

 

Merger / License Requirements:
  1. A power of attorney legalized up to the Consulate of Oman.

  2. A legalized certificate of merger or license agreement. The license agreement should indicate the trademark registration number in Oman.

  3. 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.

 

 Change of Name/Address Requirements:
  1. A legalized power of attorney showing the new name and/or address.

  2. A certified copy of the certificate of change of name and/or address.

 

 


 

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