Remarks:
The currently applicable Patents and Utility Models law in Bahrain is Law no. 1 of 2004, which was promulgated on January 29, 2004. On May 8, 2006, Ministerial Resolution no. 54/2006 regarding the implementing regulations was issued. The Patent Office started accepting patent applications as of May 11, 2006.
On May 28, 2006, Law No. 14/2006 amending some articles of Law no. 1/2004 concerning Patents and Utility Models was issued in order to comply with the provisions of the Patent Law Treaty and Patent Cooperation Treaty which entered into force in the Kingdom on April 28, 2005. This law became effective as of June 01, 2006.
As for Patents and Utility Models granted since the year 1986 (that is, before the promulgation of Law no. 1 of 2004), they will be treated as if granted under the new Law and will therefore be governed by its provisions. As such, the remaining protection term of the said patents will be calculated based on the 20 year protection period as defined by the law. Furthermore, the annuities of the said patents will apply on the remaining protection period and are payable starting from May 8, 2006, the date of issuance of the regulations implementing Law no. 1/2004.
Filing Requirements:
1. Power of attorney, legalized.
2. Certificate of incorporation, legalized.
3. Abstract of the invention in English and Arabic.
4. Technical specifications of the invention in English and Arabic.
5. Copy of priority document, if priority is claimed, certified.
6. Deed of assignment, legalized.
* Items 1, 3, and 4 must be submitted at the time of filing.
* Items 2, 5 and 6 may be submitted within 3 months from filing date.
Opposition:
Patent applications accepted by the Registrar are published in the Official Gazette. Oppositions may be filed within 60 days from publication date.
Search:
It is possible for patent applications and granted patents published in the Official Gazette to be searched by title, patentee name, subject matter, and patent number.
Examination:
As to form, novelty and industrial applicability.
Annuities:
A maintenance fee is due annually on the anniversary of the date of grant. There is a 6-month grace period for late payment with a surcharge.
Protection Term:
The term of protection of Patents is 20 years from filing date or from priority date if priority is claimed.
Compulsory License:
A patent has to be worked. If the patent is not being fully exploited by the patentee within 3 years from the date of grant, then the patent will be subject to compulsory licensing under the provisions of the law.
Novelty Requirements:
Absolute novelty is required. However, disclosure of the invention in an official or officially recognized national/international exhibition and/or disclosure of the invention without the knowledge or consent of the inventor shall not be taken into consideration if occurred within the 12-months preceding the filing date of the patent application.
Special Protection Rights:
Patents of Addition.
Extensions:
Patent extensions are provided to compensate for unreasonable delays that occur in granting the patent. Unreasonable delays include the issuance of the patent more than four years from the date of filing of the application. Furthermore, with respect to any pharmaceutical product that is subject to a patent, an extension of the patent term is available to compensate the patent owner for unreasonable reduction of the effective patent term as a result of the marketing approval process.
