Jordan is a member to the Paris Convention; however, the international classification of patents is not adopted. Once an application for the grant of a patent is filed, it is examined with respect to compliance with formalities and patentability provided for under the Patent Law.
Novelty in Jordan is not limited to the country only. An application should be filed in Jordan within eighteen months as from the date of the first filing and should be identified to the application filed in the home country. Amendments to the patent specification have to be filed separately as amendments to the specification. A novelty examination takes into consideration any specification previously lodged with the Patent Office or any patent previously registered. The Patent Office may require whatever amendments may be necessary to bring the application into conformity with the law. In the event the applicant does not comply with the requirements of the Patent Office as authorized by the Registrar of patents, the Registrar will reject the application.
An applicant is entitled to appeal against the requirements and conditions of the Patent Office 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 rendered open to public inspection. Any party may oppose the grant of a patent within three months as 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 the letters patent is granted after payment of the prescribed fees.
A patent under the new Law is valid for twenty years from the date of filing the application subject to payment of the prescribed annuity fees starting from the 2nd year of the date of filing in Jordan or the convention filing date in the case of priority applications. A grace period of six months with a fine is allowed.
The right to a patent may be assigned, transferred through succession or license. The assignment of 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.
The new Law allows for the protection of Chemical products relating to medical drugs, pharmaceutical compositions or food and it will be firstly filed as black box applications that will only be examined after the fourth year, the law is implemented. However, the particular processes or methods by which such products are made are patentable.
Working of patents is an official requirement. In the event that the owner of a patented invention in Jordan 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. Alternatively, nominal working of a patent can be fulfilled by publishing a notice in a daily newspaper every 2 years, inviting interested parties to explore the concerned patent.
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 annuity fees within six months after the respective due date.
Infringement of the rights of a patentee is punishable under the provisions of the current Patent Law in Jordan.
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
