Introduction
The aim of issuing this
guide is to introduce
the proceedings to be
complied with upon
patent registration as
well as to the other
administrative and legal
conditions and controls.
The guide is deemed as a
service for public
interest and an
information tool for all
sectors to facilitate
their tasks.
Definitions:
-
Law
: Amended Law No. 65
, year 1970 for
invention and
industrial prototype
patents.
-
Registrar:
Registrar of
Invention and
Industrial Prototype
Patents.
-
Invention
: Every new
innovation
utilizable for
industry , whether
relating to new
industrial products
, initiated methods
/means , both
together or that
which achieves a
specific development
degree out of the
traditional
framework.
-
Inventor
: The person who
attained the
invention .
-
Invention rights
: The actual bearer
of the invention
patent , whether the
inventor or to whom
invention rights are
reverted.
-
Patent
: invention
registration
certificate .
-
Bulletin
: The bulletin of
the Central
Organization for
Standards and
Quality Control by
which inventions are
issued.
-
Application
: Application for
invention
registration.
-
Priority
(precedence)
: Anyone who
submitted an
application to
acquire an invention
patent by which he
or his successor
would enjoy through
submitting an
application in
other countries for
right of priority;
the period would be
12 months from date
of application
submitting ( the day
of submitting is
exclusive of the
period).
Inventions liable for
acquiring a patent :
Every invention is
liable for acquiring a
patent if it were new,
involved an innovative
step and capable of
being industrially
implemented.
-Newness: the invention
is considered new if it
were not preceded by a
similar technological
situation uncovered
anywhere in the world by
any means (publication ,
description , usage or
any other means) prior
to date of application
submitting.
-Innovative Step : the
invention is deemed
involving an innovative
step if it were not
self- evident to men of
competence and
specialization.
-Industrial
Implementation : The
invention is deemed
capable for industrial
implementation it were
possible to produce it
or implement in any
industrial field.
Inventions that cannot
acquire patents
1-Inventions by whose
utilization arise
violation of public
decencies, public order
or public interests.
2-Methods or means
implemented in
financial, exchange or
accounting matters.
3-Building plans and its
three- dimensional
drawings.
Right for patent
1-Right for patent
reverts to the
inventor.
2- If several
persons participated
in innovation of an
invention, then the
right for patent
reverts to them
together
3- Right for patent
may be waived or
transferred by
inheritance.
Inventions Accomplished
by an Implementation of
A contract of charging
for an invention and
officials’ Inventions
1- Upon attaining an
invention in a specific
field of work during
implementation of work
contract between the
inventor and employer or
during the inventor’s
performance of the job,
then the inventor would
hold the following
rights:
A- Right for
demanding an equitable
reimbursement from the
employer, unless the job
contract provided that
the invention would be
against certain wages.
B- Specifying, in the
invention patent, the
inventor’s name
after the employer’s
name.
2- Except for Paragraph
1, the right of
invention reverts to the
invention in case of
being supported by a
letter of non –
objection by the person
in charge or the
employer.
Application for
invention registration
The application for
invention registration
is submitted in
accordance with the
conditions*
for invention
registration and the
required documents (as
per Form No. 1
**
of Industrial Priority
Dept.) with 8 copies of
Invention’s summary and
8 detailed copies with
drawings (if any). The
following are to be
stated :
1-Inventor’s name.
2-Inventor’s address
3-Title of invention
*
The name
of the invention holder
is kindly not be
mentioned in the report.
*
Bringing
Non- Objection Letter
from the body to which
the applicant is
affiliated.
4-Agent’s name and
address (provided he is
an accredited
Registration Agent) if
the invention were
foreign. With the
Application shall be
enclosed 8 copies of
invention’s summary (in
English) and power of
attorney (with Arabic
translation) if the
invention were
registered abroad and
right of priority were
applied for.
The following are
obligatory:
1-The invention’s
description shall be so
sufficiently clear and
complete as to empower
an assessment of the
invention and to empower
an ordinary professional
of executing it.
Particularly, the
description shall
demonstrate the best way
known to the person
submitting the
application to execute
the invention.
2- Demand for protection
(claims), i.e. the
invention’s new elements
shall be clear, concise
and totally leaning on
description.
3- Submitting some
drawings (if necessary
to comprehend the
invention). Description
and drawings may be
implemented to explain
demands for protection.
Duties for submitting
application and date of
submitting
The application for
invention registration
is subject to payment of
duties. Date of handing
over the application is
considered tantamount to
date of submitting,
provided the above
duties had been paid.
Performa Inspection
The Industrial Propriety
Dept. shall inspect the
application’s document
to verify that the
conditions for invention
registration and the
required documents have
been supported.
Inspection of the Topic
The application for
invention registration
shall be routed to
assessing bodies for
purpose of defining the
application with respect
to granting an invention
patent on grounds of
newness, innovative step
and capability for
industrial
implementation.
Cancellation of the
Application
The Registrar may charge
the applicant to conduct
amendments (which the
former deems mandatory)
within 6 months from
date of notification
thereof. If the
applicant did not
undertake this measure,
he is deemed as waiving
of his application. The
applicant may protest to
the Minister against the
Council’s decision
relevant to such
amendments within 30
days from date of the
registrar’s issue. The
Minister’s decision is
final.
Rejection of the
Application
If –– in spite if the
amendments and notes
submitted by the
applicant –– the
Registrar decided for
non- application and
non- granting of the
patent, then he has to
reject granting a
patent. The rejection
shall be in a certified
letter. The applicant
may challenge that
decision in a Court of
Administrative
Jurisdiction
Approval of the
application
Subsequent to approval
for registration of the
application, the
inventor (or his agent)
shall be notified to
submit an application
for granting an
invention patent (after
payment of the legal
dues thereof and
publication fees) .
Issue of Patent
The applicant shall be
granted a Patent
Certificate and a patent
copy (after registering
the patent’s serial No.
in the patents ledger).
Publication of the
Patent
A summary of the
invention shall be
published in a
scientific industrial
periodical, mentioning
the names and addresses
of the inventors as well
as any amendments
effected on the patent.
Duration of the Patent
and Annual Dues
The Duration of the
Patent is 20 years from
date of submitting the
application or date of
completing the
shortcomings, with the
exception of the medical
and pharmaceutical
preparations duration
which is 10 years,
renewable twice for 5
years each, after which
it becomes a public
right (exploitable
without reverting to
their proprietors). To
maintain the validity of
the patent, an annual
advance payment
beginning with the next
year of date of
submitting the
application is to be
effected as dues.
Otherwise, right for
patent would be
annulled.
Transfer propriety
The invention’s
propriety may be
transferred to any
person, whether an
individual, a private
COMPANY or governmental
COMPANY. The procedure
is submitting an
official application by
the patent’s proprietor
or both of them with
payment of dues for
propriety transfer.
Such application would
be published in the
Industrial Propriety’s
Periodical. A
certificate pertinent to
propriety transfer would
be issued.
Licensing
If, within 3 years from
date of granting the
patent , the invention
were not exploited in
Iraq, if exploitation
were incompatible with
the country’s need or if
the invention’s
exploitation were halted
for at least 2 years,
then the Registrar may
grant a compulsory
license to another
applicant. The
proprietor of the
invention’s right may
demand an equitable
compensation through the
Registrar.
Conditions for invention
registration and the
required documents
1- report for invention
registration shall be
submitted typewritten in
Arabic in 8 copies of A4
size paper .
2- It comprises the
following items:
– The name or title of
the invention shall be
indicative of it (i.e.
in Harmony with its
purport ) .
– The Summary: A concise
idea of the invention.
It shall be on a
separate ½ - 1 page .
– The
Elaboration: An
introduction , details
of the idea , its
implementations ,
features , conclusions ,
results , tests and all
that aids at easy
comprehension and
execution of the
invention.
–The Claims : They
are the new elements of
the invention . It shall
be on a separate page.
– Drawing and
sketches which aid at
comprehension of the
invention in accordance
with its nature.
3-The 8 copies shall
be attached
continuously.
4-Four revenue stamps as
well as revenue stamps
for placing on 2 copies
of each drawing shall
be submitted. If the
drawings’ copies are
more, then the number of
stamps shall be in
conformity with the
number of copies.
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