Patent Validity and Grounds of Invalidity

Overview

  • In Kuwait, patents were governed by Kuwait Law No. 4/1962 Concerning Patents, Designs and Industrial Models, as amended by Kuwait Law No. 3/2001 Related to the Law Concerning Patents, Designs and Industrial Models. However, the Kuwaiti Ministry of Trade and Industry replaced Kuwait Law No. 4/1962 by approving Kuwait Ministerial Decision No. 115/2016 On the Issuance of the Implementing Regulation of Kuwait Law No. 711/2013 on the Issuance of the Gulf Cooperation Council (GCC) Patent Law, which came into effect on 4 April 2016.

  • On 4 April 2016, Kuwait stopped accepting new patent applications. Instead, Kuwait directed those interested in acquiring patent rights in the country to utilise the GCC Regional Office. Following this announcement, Kuwait Law No. 115/2016 came into effect, which paved the way for Kuwait's ascension to the Patent Cooperation Treaty (PCT). Kuwait officially became a member of the PCT on 9 September 2016.