Kuwait - Industrial Design Applications Being Processed

Analysis

The Kuwaiti Law number 4 in respect of Patents and Industrial Drawing & Designs and Integrated Circuits issued on 15 April 1962 provided the procedures for the application for registration of patents and designs, including in respect of examination and publication.

Unfortunately these procedures have not been available to prospective applications during the past years for many reasons, including the lack of the necessary competencies to carry out the examinations.

In the past, the Patent Office would accept applications and provide filing receipts, but no further action was taken in respect of such applications. The result was that prospective applicants started excluding Kuwait from their protection strategies and more importantly business models related to key inventions. The risks associate with the infringement of key patents in Kuwait resulting from the absence of adequate protection for patents and the ability to prevent such infringement became a critical risk factor for assessment in deciding whether to enter the Kuwaiti market for certain business.