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Kuwait is one of the Patent Office of the Cooperation Council for the Arab States of the Gulf (GCC). An GCC patent is enforceable in Kuwait regardless of whether the patent has been granted or not. During the application process, annuities are due and must be paid directly to GCC, not to the Ministry of Trade and Industry.
The rules that apply to a national Kuwaiti patent and to an GCC patent in Kuwait will be described in detail below.
Renewal fees in Kuwait must be paid by certain dates to either the GCC or to the Ministry of Trade and Industry, depending on where the patent was filed.
In this section, you will find a description of how these renewal due dates are calculated, both the very first renewal due date and all subsequent renewal due dates.
If the patent was filed at the GCC, the first renewal is paid at the end of the first quarter of the year that follows the filing date to the GCC. This renewal must be paid regardless of whether the patent has been granted or not.
For example, if the filing date is 2022-09-20, then the first renewal must be paid by 2023-03-31
After the first renewal has been paid, all subsequent annuities must be paid annually at the end of the first quarter of each year.
For example, if the filing date was on November 9, then subsequent annuities will be due by March 31 each year.
If the patent was filed at the Ministry of Trade and Industry, the first renewal is paid at the end of the first quarter of the year that follows the filing date to the Ministry of Trade and Industry. This annuity must be paid regardless of whether the patent has been granted or not.
For example, if the filing date is 2022-09-20, then the first renewal must be paid by 2023-03-31
After the first renewal has been paid, all subsequent annuities must be paid annually at the end of the first quarter of each year.
For example, if the filing date was on November 9, then subsequent annuities will be due by March 31 each year.
In Kuwait, there are other types of intellectual property besides patents.
We are currently working on articles which will explain the rules for the renewal of these types of intellectual property. If you need any help renewing these and are looking for a cost-efficient solution, get in touch with us.
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Renewal fees must be paid in Kuwait regardless of whether the patent is granted or not. You can find the rules for calculating the renewal due dates above in the Due Dates section.
The renewal fee in Kuwait can be paid starting from the first of January in the year the renewal is due. It is important to note that the renewal fee cannot be paid earlier than this. Any payments made before the opening of the payment window will result in the payment being rejected.
Yes, it is possible to renew a Kuwaiti patent after its renewal due date. If you fail to pay the renewal fee before the due date, a grace period of 3 months is given wherein the renewal fees can still be settled. When entering the grace period you will incur a surcharge fee to be settled along with the renewal fee. If you wish to maintain the patent, both the renewal fee and the surcharge fee will have to be settled.
For example, if a patent has a renewal due date of 2021-05-31 and the due date is missed, the patent will enter the grace period from 2021-06-01. After this point both the renewal fee and the surcharge fee will need to be settled by 2021-08-31. Failure to pay these fees before the surcharge due date will result in the patent lapsing.
No, local representation is not necessary in order to carry out a renewal in Kuwait. Anyone can renew a patent in Kuwait if they submit the payment in accordance with the national regulations.
A patent will stay in force for 20 years in Kuwait from the filing date if successfully renewed in accordance with the rules described above. If the patent is not renewed, it will lapse by the end of the grace period measured from the latest renewal due date.
