Patents

What is a patent?

Patent is a set of exclusive rights granted by a state to an inventor or their assignee for a limited period of time in exchange for a public disclosure of an invention. and give its owner exclusive rights to exclude other from making using importing  selling or offering for sale  the protected invention without his permission.

The patents law of Algeria

Algeria joined the PCT (Patent Cooperation Treaty) in March, 8th, 2000.

Filing national patent applicational documents must be submitted to the INAPI (the Algerian National Institute of industrial property ) as a designated the priority date.

Once a patent application is filed, it is examined as to unity and form only. There is no examination as to the novelty of the invention, although the provisions of Patent Law No. 03-07 of 2003, stipulate that an application should be filed before the invention has become known through publication or use.

A patent is valid for 20 years starting from the national filing date of the application. Such validity is subject to the payment of the prescribed annual fees. Annuities are to be paid to the INAPI( the Algerian National Institute of industrial property ) counting from the national filing date. A 6-month grace period with a fine is allowed for late payment of the annuity.

Under the Patent Cooperation Treaty (PCT), a patent is valid for 20 years starting from the international filing date of the application. Such validity is subject to the payment of the prescribed annual fees. Annuities are to be paid counting from the international filing date. A 6-month grace period with a fine is allowed for late payment of the annuity.

The rights to a patent may be assigned or transferred through succession. An assignment shall have no effect against third parties, unless it has been entered in the relevant records of the Patent Office. A patentee may license the right to use his invention. License agreements must be recorded to be effective against third parties

REQUIREMENTS

Patent Applications filing requirement

1. The name, address, nationality and profession or nature of business of the applicant and the inventor(s).
2. Description of the invention Must be detailed  and define the invention and determine the scope of protectionand Must be in Arabic language and translated into two copies in French language.
3. A summary of the invention (about 100 words) in French and Arabic.
4. A simply signed deed of assignment, if the applicant is not the inventor.
5. Drawing if needed To illustrate more clearly the invention into two copies.
6. Declaration of priority If the applicant claims the right of priority a national application in Algeria must be filed within 12 months from the date of filing of the earliest application in any country of Paris Union (article 23)  a declaration of priority and payment of priority fees is Requested at the moment of filing, and a certificated priority Documents may be submitted within 03 months from the Algerian filing date.
7. Signed power of attorney.

PCT Applications

An international application can be filed with the INAPI acting as a receiving office by any national of a signatory state to the PCT or any person residing in such a state, application may also be filed with the International office of the WIPO. The application has to be filed in accordance with the PCT formal requirements, and fees are to be paid to the office of filing.

Patent Annuities

1. The number and date of the filing of the patent.
2. The name, address and nationality of the applicant.
3. Signed power of attorney

Assignment Applications

1. A notarized deed of assignment signed by the assignor and the assignee, along with its French translation.
2. The name, address and nationality of the assignee.
3. The number and date of the registered patent.
4. Signed power of attorney

License Applications

1. A notarized license agreement executed by both parties along with its French translation.
2. The name, address and nationality of the licensee.
3. Signed power of attorney

Our Services 

We provide a Best & high Professional quality services according to patents:

-We conduct full patent searches national patent search and foreign patent search ,with the INAPI foreign patent database or other regional or international patent office organization in order to determine whether there are any documents, applications, patents closely related to the claimedinvention.

-We will not spare any effort to accelerate the examination procedures at the national patent offices; therefore we offer our clients:

– Amendments on claims: to make the application pursuant to the national patent laws.

– Follow-up on examination process: the (validation process) will be completed by issuing a granted patent.

– Patent infringement follow-up:

Market Watch is actively and continuously conducted to alert us of any kind of infringement; thus guarantying maximum protection for your patents.

-Application preparation and management

-Prosecutions and opposition

– Amendments and addition

-Recording Assignments and license agreements

-Maintenance of the patent

-Patent infringement and litigations

-Translation document from  English into Arabic , English into French ,  French into Arabic