OMAN Law and Practice Contributed by: Said Al-Shahry, Thamer Al-Shahry, Jeremy Pooley, Maria Mariam Rabeaa Petrou, Mujtaba Ali Kazmi and Salim Al Harthi, Said Al Shahry & Partners
The MOCIIP has 90 days from the date of receiving all the required information and documents to consider the application and make its decision. The MOCIIP may approve (subject to conditions) or reject the application. A rejected or conditioned application can be appealed to the Minister of the MOCIIP.
A patent generally expires 20 years after the filing date. 7.2 Trade Marks The IPR Law also regulates trade marks. A trade mark is any sign capable of being represented graphically in a manner that distinguishes the goods or services of one supplier from those of another supplier. Broadly speaking, the procedure to register a trade mark is as follows. • The procedure is commenced by submitting a trade mark application in the prescribed form along with the relevant documents (such as details of the applicant and a power of attorney) to the Registrar. • The Registrar will then examine the application to ensure that it complies with the prescribed require - ments and is capable of being registered. • Once the Registrar establishes that the application for registration meets all the legal requirements, the application will be published, and any interested party may submit a written objection to the regis - tration to the Registrar after payment of the pre - scribed fees within 90 days of the publication date. • If no objection is raised, the Registrar shall register the trade mark, publish it and issue a registration certificate to the applicant. • Alternatively, the application for registration of the trade mark may be refused by the Registrar if it does not meet the requirements; the applicant would be notified of the decision and its reasons. • The applicant may oppose the decision refusing the application for registration of the trade mark within 60 days of the date of notification. The applicant can also appeal to the competent court against the decision to refuse the application. The protection period for a trade mark registered in Oman is ten years from the filing date (which may be renewed). 7.3 Industrial Designs Industrial design is defined under the IPR Law as “any combination of lines, colours or any three-dimensional form whether connected with lines or colours or not, provided that such combination or form gives a dis - tinctive appearance to an industrial or a handicraft
7. Intellectual Property 7.1 Patents
Under the Industrial Property Rights Law RD 67/2008 (as amended – the “IPR Law”), an invention is patent - able if it is new, involves an innovative step, and is capable of industrial application. Broadly speaking, the procedure to register a patent is as follows. • The procedure is commenced by submitting an application to the Directorate of Intellectual Prop - erty at the MOCIIP (the Registrar) in the prescribed form, accompanied by a petition (containing all the data concerning the applicant, the inventor and the title of the invention, and a statement proving the applicant’s right to the patent if they are not the inventor) and a description of the invention. • Eighteen months after the filing date, the Registrar will open the patent application for public examina - tion. Upon payment of the prescribed fee at any time between the filing date and the expiry of such 18-month period, the applicant may request the Registrar to open the application for public exami - nation. • If the Registrar considers that the requirements set out in the IPR Law are not satisfied, they will notify the applicant to submit their observations and amend or divide the application within three months of the date of the notice. • If the Registrar grants the patent, the applicant will be required to pay the prescribed fee within 90 days. • The patent will be considered to be granted on the date of publication of such grant by the Registrar, and a certificate of grant signed by the Registrar will be issued.
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