Alert 348 Middle East - Saudi Arabia indicates intention to join PCT and PLT


On 14 December, the Ministerial Council in Saudi Arabia issued a decision in which it announced that the Kingdom is to join the Patent Cooperation Treaty (PCT) and the Patent Law Treaty (PLT).

At present there is no confirmed implementation date as a Royal Decree to confirm the decision has yet to be issued. We understand that once this is issued, the Saudi officials must then submit the implementation instrument to WIPO to join both Treaties.. It is expected that this process will take a few months to be completed, and so the implementation date should fall in Spring 2010.

Saudi Arabia will be the fourth country of the six country Gulf Cooperation Council (GCC) to accede to the PCT (following Bahrain, Oman and the UAE) which facilitates the filing of patents in multiple countries. Kuwait and Qatar are yet to accede to the system.

With it being the largest commercial market in the Gulf, joining the PCT is an important and welcomed development for business based in or doing business with, Saudi Arabia. Additionally, Saudi Arabia is currently putting in place strategies to offer increased opportunities to businesses through establishment of free zones, research and development areas and the like. Acceding to these international systems is likely to help attract foreign investors and companies, as they will be better placed to protect their investments and work though the intellectual property system.

One initiative that is garnering much attention is the recent inauguration of King Abdullah University of Science and Technology which has attracted a number of world-leading academics and seeks to push Saudi Arabia into a knowledge economy. In meeting this aim, access to a highly developed intellectual property system, including patent protection, will be critical.

The accession by Saudi Arabia means that in any international application filed on or after the treaties coming into force, Saudi Arabia can be designated and such designation will be able to be added to existing applications still in the international phase. In addition, as of that date, nationals and residents of Saudi Arabia will themselves be able to file PCT applications.

In addition to the benefits of joining the PCT, the fact that Saudi Arabia is also joining the PLT should mean that the administration of patents filed before the Saudi Patent Office is easier and more efficient for applicants.

Our comment
This is welcome news to users of the international patent system. Saudi Arabia was one of the most important GCC countries not to be a member to the PCT and this move underlies its commitment to building a legal environment where the development and exploitation of intellectual property can thrive. It also is hoped that these latest developments will mean that the GCC Patent Office itself will soon take steps to accede to these Treaties.

Rights holders should continue to monitor developments with regard to the implementation date for these treaties in Saudi Arabia.

Please email dubai@iprights.com for more information.