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PATENT SUMMARY

 

Patents Law

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Patents in Lebanon were initially governed by Order 2,385/1924. Today, patents are governed by New Patent Law No. 240/2000 issued in Official Gazette No. 35 of August 14, 2000, which added new provisions in order to bridge legislative gaps.

 

Treaties & Conventions 

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Lebanon is a member of Bern Convention, Brussels Convention (Signature), Madrid Agreement (Indications of Source), Nice Agreement, Paris Convention (PC), Patent Law Treaty (Signature), Rome Convention, WIPO Convention and WTO (observer).

 

Filing System

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Patents with validity in Lebanon may be obtained by:

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  1. National Filing

  2. Lebanon is not a PCT member thus entering the national phase of a PCT is not possible.

  3. Protection of the invention as a utility model in Lebanon is not applicable.

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Priority

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Its is possible to claim priority rights under Paris Convention within twelve (12) months from the date of first filing of the priority application (The restoration of this deadline, when lapsed, is not possible).

 

Patentability Requirements

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An invention is liable for protection in Lebanon if it meets the criteria of Novelty, Inventiveness and Industrial applicability.

 

Non-Patentable 

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  1. Scientific discoveries and theories and absolute mathematical methods that are not industrially applicable.

  2. Principals and means of performing purely mental activities in economic or financial fields or in playing games.

  3. Methods and processes of medical diagnosis or treatment related to humans or animals but not products or utilities for use in such methods.

 

Examination

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The Lebanese patent registration system is a deposit system and examination as to substance is not effected. Examination is restricted to the formalities and is usually effected upon filing. 

 

Registration Procedure & Time Frame

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Registration process takes usually a period of 2 weeks to be completed, after which the relevant patent certificate is issued within 2 weeks. Publication in the Official Gazette is restricted to the Patent Certificate with the abstract in Arabic.

 

Opposition

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There is no provision for opposing the registration of a patent.

 

Validity

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Twenty (20) years for filing date. The term of protection is non-extendable.

 

Annuities

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Due on the relative anniversary date of filing and is payable before the granting of the patent. A grace period of six months is granted for late payment, subject to payment of penalty.

 

However, the non-payment of annuities after the expiration of the grace period would result in the lapse of the application, and owner may request, within six months from the day of lapse, to retain his patent rights provided he gives evidence that his delay in payment of annuity and fine is for a substantial reason.

 

Licensing

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Licensing is compulsory. A patent has to be worked and if not fully exploited by the patentee within 3 years after grant, it will be subject to compulsory licensing under the provisions of the law.

 

Assignment

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The right to a patent may be assigned. An assignment should be recorded within 3 months from the date of execution of the Deed. Late recordation entails payment of penalty, for each 2 months delay.

 

 

PATENT REQUIREMENTS

 

Patent Application

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1- Power of Attorney duly notarized & consularized up to the Lebanese Consulate.

2- Name, address, business and nationality of Applicant/s and Inventor/s.

3- Assignment from the Inventor/s, if the applicant is not the inventor (Notarized & Consularized).

4- Copy of Priority document in English, if convention priority is claimed (Only certified).

5- Arabic translation of the title, claims, and abstract (Same can be prepared locally).

6- Specification, claims and abstract in English or French or Arabic (in triplicate) and drawings, if any, itemized consecutively as follows:

    a. Title of the Invention,

    b. Brief Summary of the Invention,

    c. Detailed Description of the Invention,

    d. Claims, and

    e. Drawings (if any).

    f. Brief Description of the Drawings (if any).

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      Special Notes:

  • Applicant may be an individual, firm or corporation.

  • Documents under 3 & 4 can be filed within a non-extendable delay of 60 days from filing date.

 

Change of Name

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1- Power of Attorney in the new name of the applicant duly notarized & consularized up to the Lebanese Consulate.

2- A certified copy of the change of name issued by the home registry or a notarized attestation legalized up to the Lebanese Consulate.

3- The number and date of the patent concerned.

 

Change of Address

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1- Power of Attorney in the new address of the applicant duly notarized & consularized up to the Lebanese Consulate.

2- A notarized attestation legalized up to the Lebanese Consulate. 

3- The number and date of the patent concerned.

 

Assignment

 

1- Power of Attorney executed by the assignee duly notarized & consularized up to the Lebanese Consulate.

2- Deed of Assignment executed by both parties (Notarized & Consularized).

3- The name, nationality, address and business of the assignee. 

4- The number and date of the patent concerned.

5- The original registration certificate of the patent, which will be replaced by a new certificate issued in the name of the original owner with the details of the recordal listed as an endorsement.

 

An assignment should be recorded within 3 months from the date of execution of the Deed. Late recordation entails payment of penalty, for each 2 months delay.

 

License

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1- Power of Attorney in the name of the licensee duly notarized & consularized up to the Lebanese Consulate.

2- License Agreement executed by both parties (Notarized & Consularized).

3- The name, nationality, address and business of the licensee. 

4- The number and date of the patent concerned.

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A License should be recorded within 3 months from the date of execution of the Agreement. Late recordation entails payment of penalty, for each 2 months delay.

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(Any document in a language other than English or French must be accompanied by a Certified English or French translation).

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