Patent Filing Procedure in Yemen
The ability of humans to think, create, and innovate is what distinguishes them from other living beings. The creativity of the human mind has time and again brought up revolution in the world by introducing new inventions, thoughts, and arts and crafts. The creation of the human mind is, however, not limited to concrete things but intellectual and abstract ideas as well. A person's intellectual property rights are recognized as human rights under Article 27 of the Universal Declaration of Human Rights.
Middle eastern countries, i.e. Iran, Iraq, Israel, Jordan, Kuwait, Lebanon, Oman, Palestine, Qatar, Saudi Arabia, Syria, Turkey, United Arab Emirates, Yemen, and Egypt are among the countries that are rich in culture, heritage, and traditional knowledge. In these countries, copying artistic creations was once seen as a skill, but in recent years, the protection of intellectual property rights has increased dramatically.
Patent Rights in Yemen
Yemen is located in the southeastern part of the Arabian peninsula and it was once a hub of trade and commerce. The history of Yemen is rich in culture. The fertile agricultural land and red sea made it possible to cultivate coffee commercially for the first time. The artwork in Yemen is mostly domestic artistic work. Traditional and cultural knowledge is transmitted mostly by way of songs, poems, and literary works. Yemen, though, a country rich in heritage has recognized the right to intellectual property after a considerable period of time. The first patent granted in Yemen was in the year 2012. The patent filing procedure in Yemen is governed by the newly introduced law No. 2 of 2011. The application for the patent registration is submitted to Yemen Patent Office to the Public Authority of Intellectual Property Rights.
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Yemen is a member of the Paris Convention. However, it is not a signatory member of the Patent Cooperation Treaty and only a national patent filing system is followed as of now. But as the changing trends and globalization of the market, it can be expected that Yemen patent legislation will witness amendments and inclusivity in the coming future.
As per the patent law of Yemen, a patent is granted for any invention:
i) that involves inventive steps;
ii) has industrial relevance; and
iii) may relate to a product or an industrial process.
The product will be considered non-patentable in the following circumstances:
a) If it is opposed to Sharia law, public order, morality, detrimental to the national security, the environment, or the life of any living being;
b) Discoveries, theories, mathematical formulas, business rules, or any mental act;
c) Treatment, and surgery procedures for human beings and animals;
d) Plants and animals, as well as the procedure for their production, that are not micro-organisms and non-biological or micro-biological processes;
e) Organs, tissue, cells, hormones, blood, genes, or any other substance of natural living.
While filing the patent application, the description must be attached to it, stating:
a) New elements for which the patent is sought
b) That the traditional knowledge or biological element is obtained legitimately.
The patent application is submitted in the Arabic language with an English translation copy attached to it.
Application for a patent must fulfill the following requisites:
1) Request for grant of patent is filed.
2) A detailed description of the invention in Arabic and English languages.
3) Drawing and illustrations of the patent design, if any.
4) Copy of the commercial record in case it is a legal personality and the identification documents for the Natural person.
5) Power of Attorney executed in the name of the applicant and legalized and authorized by the Yemen Consulate.
6) Copy of the priority documents if the priority is claimed.
1) The Registrar examines the content and notifies the applicant of receiving the application within 10 days.
2) Once the registrar is satisfied with the patent application, the notice is published in the official Gazette published by the General Bureau at the Ministry of Industry.
3) If no opposition arose within 90 days of the publication of notice in the Gazette, the certificate of registration of the Patent will be issued.
Term of Patent
A patent is issued for a period of 20 years following the filing of the patent application. The patent grant's term cannot be extended.
For the upkeep of the patent grant, the annuity is given annually. It is paid ahead of the anniversary of the patent's award.
Cancellation of Patent
The patent grant is canceled in the following circumstances:
a) Expiration of the term of patent grant;
b) By the order of the court for such cancellation; and
c) If the patent holder fails to pay the annuity fee yearly.