Richard Gaugeler September 19 2022 Practical guide to patents in Saudi Arabia: applications and applicants Bird & Bird LLP | Intellectual Property - Saudi Arabia Richard Gaugeler Intellectual Property Who may apply for a patent in Saudi Arabia?Competent authorityOfficial languageTranslationsFeesTimelinesThis article is the second in a series outlining the practical aspects of patent legislation and procedure in Saudi Arabia.(1) In particular, this article sets out details relating to applications and applicants.Who may apply for a patent in Saudi Arabia?Any person or company that has a place of work or residence in Saudi Arabia may file an application directly themselves. In practice, however, this is rare given that it is not an easy process.Foreigners must appoint a local firm or representative (that has a place of work or residence within Saudi Arabia) to act on their behalf before the Saudi Arabian Patent Office (SAIP). This means that foreigners must also give the local firm or representative a power of attorney, which must be legalised and notarised. Challenges with the process of legalising and/or notarising may arise, depending on the nationality of the foreigner, so this step may require support from local lawyers.Competent authorityThe competent authority is the SAIP, which is directly linked to the prime minister. Applications may be submitted via the SAIP's website. Patent applications and patents may also be searched on the SAIP's website (no official searches are available).Official languageThis official language is Arabic. However, when dealing with agents and office representatives, all communication may be in English. Any supporting, official or filing documents must be translated into Arabic at the time of filing.TranslationsTranslations into Arabic are required. The translations must be filed at the time of making the application. In theory, late filing of translations is not permitted. While there may be opportunities to file late in practice, this is not recommended.FeesFiling feesThe filing fees are:individual fee – $107; andcompany fee – $214.Prosecution feesThe examination fee is determined by the examiner and is based on the amount of anticipated work in reviewing the application. For this reason, the examination fee may vary between applications.Publication and grantThe fees for publication and grant are:individual fee – $107; andcompany fee – $214.AnnuitiesAnnuities are paid annually. Payment must be made in the first three months of the year in which the renewal is due. Payment may be made after the initial three-month period, for a period of three months, upon the additional payment of a fine.Excess claim feesThere are no excess claim fees in Saudi Arabia.TimelinesAn application usually takes between two and four years. No further information on the timelines set by the SAIP is given.For further information on this topic please contact Richard Gaugeler at Bird & Bird by telephone (+44 20 7415 6000) or email ([email protected]). The Bird & Bird website can be accessed at www.twobirds.com.Endnotes(1) For the first article in the series, please see "Practical guide to patents in Saudi Arabia: relevant legislation". For the second article in a similar series on patent law in the United Arab Emirates, see "Practical guide to patents in the United Arab Emirates: applications and applicants".