Overview of Patent Registration Procedures
Patent registration is under the jurisdiction of the Patent and Trademark Office, within the General People's Committee of Economy and Trade.
Patent registration follows similar procedures to Trademark registration.
Applications are examined by a Patent Examiner as to conformity with Libyan Patent Law, who may suggest amendments to bring the application in conformity with Patent legislation. Patentees must comply with the requirements set out by the Patent and Trademark Office within 6 months; otherwise the Patent application will be renounced.
Registrar actions can be appealed by the submission of a petition to the competent committee within a period of thirty days from receipt of official notice sent by the Patent and Trademark Office.
Approved applications are published in the Official Gazette, and a 60 day period is provided for interested parties to oppose the granting of a patent from date of publication.
Should an opposition be filed, it will be forwarded to the competent committee.
In the event no such opposition action is lodged, a decision granting the patent will be announced in the Official Gazette.
It is important to note that the Patent Law specifically says that the application must be filed before the invention has come into general use in Libya .
The Patent is valid for a period of fifteen years from date of filing, subject to annual payment of proscribed fees. Annuities should be paid yearly from the date of granting of the patent, a 6 month grace period is provided for late payment of annuities,
The Patent can be renewed for a further 5 years, if the patent if of unique importance or the patentee has failed to profit sufficiently from the patent during the first registration. Annual fees must be paid to cover patent protection.
Patent rights are assignable and may transfer through succession. This must be dome in writing, and for assignments to be effective vis-à-vis third parties, they must be recorded at the Patent and Trademark Office and published in the Official Gazette.
Registered Patents must be used in Libya , or have intention to use, within a period of three years of granting of the patent. Compulsory licenses may be granted to government institutions for use of the patent for the public interest.
If within 3 years the requirements are not met, the patent will be considered null and void.
The rights conferred by a patent on the registered patentee expire on the elapse of the protection period as prescribed by the law, lawful assignment of the patent rights, final court decision to this effect, or nonpayment of a due annuity within six months after the respective due date.
Infringements on patentee rights are punishable under the provisions of the Patent Law, and its amendments.
The Patent Law, its regulations, and requirements for Patent applications are being revised, edited, and amended constantly. For the full current Patent Laws, amendments, and Patent application requirements, please contact us.
