The Palestinian Territories, the West Bank and Gaza Strip, have separate jurisdictions with regard to Intellectual Property matters.
The Palestinian Trademark and Patent Laws of 1938 are adopted in the Gaza Strip while the Jordanian Laws are adopted in the West Bank. The two Laws are very similar. For obtaining full protection all over the Palestinian Territories, we recommend filings in both jurisdictions.
Once a patent application is filed, it is examined as to compliance with formalities and patentability provided for under the Patent Law. A separate application has to be filed in each jurisdiction. The Patent Office may require whatever amendments that are necessary to bring the application into conformity with the law. In the event the applicant does not comply with the requests of the Patent Office within a given grace period or as authorized by the Registrar of patents, the Registrar will reject the application.
An applicant is entitled to appeal against the Registrar's request by means of submitting a petition to the High Court of Justice within one month as from the date of the Registrar's decision. Approved applications are published in the Official Gazette and are open to public inspection. Any interested party may oppose the grant of a patent within two months from the date of publication. The opposition notice is submitted to the Registrar of patents. Should no opposition against the grant of a patent be filed, a decision granting the patent is issued. The letters patent is granted after payment of the prescribed fees.
A patent is valid for sixteen years from the date of filing the application; such validity is subject to payment of the prescribed renewal fees which should be paid before the expiration of the fourth, eighth, and twelfth years from the filing date or the convention filing date in case of priority applications.
Novelty is not limited to the country only. A novelty examination takes into consideration any specification previously lodged with the Patent Office or any patent previously registered.
The right to a patent may be assigned, transferred through succession or licensed. The assignment of patent applications and granted patents must be made in writing. An assignment shall have no effect against third parties unless it has been published in the Official Gazette and duly entered in the relevant records of the Patent Office.
Working of patents is an official requirement. In the event that the owner of a patented invention does not satisfy the stipulated working requirements of the country within three years as from the date of grant, then the patent will be subject to compulsory licensing under the provisions of the law.
The rights conferred by a patent on the registered patentee expire on the lapse of the protection period as prescribed by the law, lawful assignment of the patent rights, final court decision to this effect, or non-payment of due renewal fees within three months after the respective due date.
Infringement of the rights of a patentee is punishable under the provisions of the current Patent Law.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Abu-Ghazaleh Intellectual Property Bulletins
For further information you make also like to view the Intellectual Property Bulletins published monthly by Abu-Ghazaleh Intellectual Property - IP Bulletins
