Legal & Regulatory > Saudi Arabia > Patents & Trademarks

The key facts about patents & trademarks in Saudi Arabia. Prepared in association with STA, an international law firm, this is an extract from The Pharma Legal Handbook: Saudi Arabia, available to purchase here for GBP 99.

1. What are the basic requirements to obtain patent and trademark protection?

Trademarks, copyright works, patents, industrial designs and domain names are all capable of being protected in Saudi Arabia and there is an established legal framework that supports the registration and records of these valuable IP rights. Protection can take place through two primary means:

Firstly, through registration or records of the right through a government authority in Saudi Arabia.

Secondly, IP rights can, and should also be protected through contracts such as non-disclosure agreements, licensing agreements or development agreements.

2. What agencies or bodies regulate patents and trademarks?

The primary legislation governing trademarks in Saudi Arabia are:

1. The Gulf Cooperation Council Trademark Law, which entered into force on 27 September 2016 by Royal Decree M/51 of 26.07.1435H and its implementing regulations;
2. The Anti-Commercial Fraud Law, promulgated by Royal Decree M/19 of 23.04.1429H (29 April 2008) and its implementing regulations issued by Ministerial Resolution 155 of 06.01.1431H; and
3. The Border Measures Regulations issued according to Ministerial Resolution;
4. The GCC Patents of Inventions Regulation of 2001, which is an amendment of an earlier statute of 1992, was approved in Saudi Arabia by Royal Decree No M/28 of 2001. This permits the registration of patents with effect throughout the GCC country.

3. What products, substances, and processes can be protected by patents or trademarks and what types cannot be protected?

Under Saudi trademark law, a trademark can be anything that takes a distinctive shape, such as names, words, signatures, letters, symbols, numbers, titles, stamps, drawings, pictures, inscriptions, packaging, figurative elements, shapes or colours, groups of colours or combinations thereof; or any sign or group of signs used or intended to be used to distinguish the goods or services of one undertaking from those of others, or intended to identify a service, or used as a certification mark in respect of goods or services. An invention can be patented if it has a useful purpose, has patentable subject matter, is novel, and is non-obvious. The patent could cover a composition, production process, the machine, tool, new plant species, or an upgrade to an existing invention.

• Inventions that cannot be patented:
• Computer programs as such cannot be patented under Saudi law; 
• Discoveries, scientific theories and mathematical methods;
• Aesthetic creations (such as literary, dramatic, or artistic works);
• Schemes or methods for performing a mental act;
• Games or business methods;
• Presentation of information;
• Plant varieties, animal species and biological methods of producing plants or animals, except for microorganisms, non-biological and microbiological processes.

Trademarks cannot be registered with goods and services that are forbidden in Saudi Arabia. For example, pork products and alcoholic beverages are banned in this country. 

4. How can patents and trademarks be revoked?

PATENTS 

Patents can be revoked on the following grounds.

1. The invention lack novelty at the time of filing;
2. The invention lacks inventive steps;
3. The invention is not industrially applicable;
4. The subject matter of the patent is hit by exclusionary subject matters (ie, the subject matter is not capable of being patented);
5. Commercial exploitation of the invention violates Islamic principles.
6. Commercial exploitation of the invention is harmful to life; to human, animal or plant health; or the environment.

TRADEMARKS

A trademark that is not used for consecutive five years can be cancelled by way of a non-use cancellation action before the Administrative Court of First Instance. The trademark owner can defend such action by providing reasonable justification for non-use, which may relate to reasons beyond its control, such as war, import sanctions or any other justifiable reason that can prove that it had no intention of stopping the use of the registered mark. A single invoice has been accepted as sufficient evidence to defeat a non-use cancellation action in Saudi Arabia.

A registered trademark can also be cancelled through a cancellation action before the Administrative Court of First Instance if the trademark was unlawfully registered. There is no definition of such unlawfulness in the law; however, prior registration and prior use can be strong grounds for a cancellation action.

5. Are foreign patents and trademarks recognized and, if so, under what circumstances?

Foreign patent and trademark registrations are recognised in Saudi Arabia as evidence of good faith ownership if combined with a claim of prior use in Saudi Arabia. Among others, foreign trademark registration is one form of evidence that helps to establish the global fame of a trademark in Saudi Arabia.

6. Are there any non-patent/trademark barriers to competition to protect medicines or devices?

No, there are no non-patent/trademark barriers to competition to protect medicines or devices.

7. Are there restrictions on the types of medicines or devices that can be granted patent and trademark protection?

There are no restrictions on the types of drugs or devices that can be protected through patents or trademarks other than those already described.

8. Must a patent or trademark license agreement with a foreign licensor be approved or accepted by any government or regulatory body?

No, it is not mandatory.