Oman – Issuance of Patent Filing Regulation

In spite of the announcement of the beginning of receiving patent applications by the Omani Patent Office last month, the regulations have just been issued now. The main aspects are:

Filing Requirements:

1. Power of attorney legalized up to the Omani Consulate.
2. Certified copy of the Certificate of Incorporation or an Extract from the Commercial Register of the applicant company duly legalized.
3. Deed of assignment by the inventor(s), legalized as above.
4. Certified copy of priority documents with English translation.
5. An abstract of the invention which will be published in the Official Gazette, no more than 200 words including the inventor’s name, address and nationality, brief description of the invention and claims, the technical field, main drawing, if any.
6. Detailed description of the invention in English and Arabic showing the following:
   • Title of the invention.
   • Technical field and background.
   • Specifications, claims abstract and drawings with Arabic translation thereto.
   • Method of use in industry.

The above documents can be filed within three months from the date of filing.

Novelty
As per the Law, the invention is patentable if it is:

• Novel.
• Of an “inventive step” (non-obvious).
• Industrially applicable.
• Not in conflict with the general order or the rules of Islamic Shariaa or adversely influences the national security or the public morals.

The invention is patentable if it relates to novel industrial products or produced by currently used industrial means or by new application of known industrial means.

Although the law does not state any provisions related to the meaning of novelty however, from the general concept of the law it is understood that the invention should be “new” and was not disclosed to the public, anywhere, at any time, whether by written or oral disclosure, or by use or any other method.

Procedures
Upon filing the application, the IP Department will check to confirm that the patent does not contradict with the law, and also will check in their records of registered patents or pending applications to find out whether the application is new or not. The applicant will be notified of the Department’s decisions in writing. Upon acceptance, the abstract will be published in the Official Gazette for the opposition period of 60 days.

Examination
There are no such provisions in the regulations about the substantive examination. However, we have been informed by IP Department, there will be substantive examination for patents.

Claiming Priority
Priority can be claimed under the Paris Convention provided that the application is filed in Oman within twelve (12) months from the first filing.

Duration
The patent protection is valid for 20 years as from the date of grant. The invention shall also be protected from the date of filing the patent application, to the patent grant.

Language
Patents’ Official forms are in the Arabic language. Further, all papers in foreign languages related to Patents submitted to the IP Department should be accompanied by an Arabic translation.