What is the patent?

It is an invention which includes a solution for a technological task. It is distinguished genuinely and seriously and has a positive outcome in any field. i.e. it maybe working tools, manufacturing materials, a new industrial invention or a technical application for a scientific principle that gives a direct industrial result.

 

Are all patents must be registered?

Not all inventions are registable as a patent. Therefore, the invention should be new in the light of the global technology with respect to what the scientific research has achieved in the world; it must be applicable for the industry or the agriculture. It also must be useful in terms of increasing the production rates or improving the quality of the products.

 

Why should I protect my patent?

To prevent competitors from investing or utilizing the invention.

 

What are the Untouchables pertaining to the patent registry in the Republic of Yemen?

It is prohibited to grant the following patents:

  • The non-chemicals inventions related to the foodstuffs, medicines or the pharmaceutical compounds.
  • The new devices for the treatment of diseases.
  • The biological methods for the production of new types of animals or plants.

The Patent Registry Procedures

The patent’s application attached with the necessary documents is submitted to the public registrar. The application is examined during 10 days in order to know whether it is consistent with the laws or otherwise. Meanwhile, the applicant is advised if his application is accepted to be examined or that the necessary documents are needed to complete.

In case that the applicant did not complete the requirements, the patent registry office will reject the application. The accepted application with the completed required documents for the check up is subsequently examined in accordance with the low in term of the patent’s seriousness and its constructive usefulness.

During three months form the day of notifying the applicant pertaining to the acceptance of the application to be examined, a decision is then issued concerning the approval of his application along with articulation of patent’s content, or a decision that rejects the application in the company of mentioning the reasons for the denial.

In both cases, the applicant may object either the content’s articulation of the patent in case that it is accepted or the reason why it is rejected otherwise. This is made during one month from the notification day before the authority which issued the decision and the other party who adopted the objection during one month from its presentation. The applicant may appeal to the judiciary concerning the authority which rejects his application during one month from the day of notification.

The accepted application is published in the official Gazette.

Any interested party may file an opposition against the body dedicated for the patent registration within 6 months from the announcement day. The specialized body notifies the applicant about the objection which ought to be replied in a written document during one month from advising him. Otherwise, he will be considered as an application disclaimer. If there is no objection concerning the patent registry, a patent will be announced in accordance with the Law and the inventor will be granted a patent’s certificate.

The patent’s certificate proves that the invention pertains (attributed) to the owner and arranging a monopoly for him on the invention.

A patent is valid for fifteen years from the date of filing the application. The invention shall then be the ownership of the state.

The owner of the patent for whom the legal protection is granted has the right to make benefit of the invention and he may grant a license for the other to use it or yields the patent entirely.

Violation of the rights to register the registered invention according to the law will expose the infringer for punishment.

 

What are the requirements for the Patent Registry?

To apply for the invention registry, you should provide the following:

  • A power of attorney with the name of the applicant by a notary public, legalized up to the Consulate of the Republic of Yemen.
  • A document approved by a notary public, sealed by the Yemeni Consulate and written by the inventor where the patent is pertained to him.
  • One copy concerning the specifications of the invention in English translated into Arabic.
  • Several copies of the fees pertaining to the invention if it exists.
  • An abstract of the invention which doesn’t exceed 100 words.
  • A copy of the certificate that claims his priority.

What should I protect my invention?

Registering your invention will protect your invention from being invested by your competitors who are concerned with the same field and who are usually more aware of the new inventions. They are mostly seeking ways to penetrate the invention.

Registering your invention will provide you the power to negotiate with the corporations interested in the invention.