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Morningside IP files one of the first PCT Applications in Kuwait

May 8, 2018

Thekuwait flag Patent Office of Kuwait officially started accepting Patent Cooperation Treaty (PCT) applications on March 27, 2018. Less than two weeks later, on the 8th of April, Morningside IP proudly became one of the first companies in the world to file a PCT application in Kuwait.

How did we get here?

Until now, Kuwait was only a part of the Paris Treaty Convention as a member of the regional Gulf Cooperation Council (GCC). With the change in Kuwait’s PCT status, Swedish patent law firm Eriksson Patent AB reached out to Morningside IP to assist in filing a PCT application for an entrepreneur and inventor duo in the automotive industry.

Eriksson Patent AB said it was important to their client to file in Kuwait because of its proximity to oil production. This could play a major role in attempts to monetize the patent, for instance through a joint venture in the country.

The PCT and the GCC

Kuwait became a member of the PCT on June 9, 2016. At the time, it was the 149th Contracting State of the PCT. Since Kuwait’s accession, Djibouti, Cambodia and Jordan have also joined – increasing the current total of PCT member states to 152.

Kuwait is also one of six Middle Eastern countries that make up the Gulf Cooperation Council (GCC). The other GCC member states are: Bahrain, Oman, Qatar, Saudi Arabia, and the United Arab Emirates. Kuwait was the final GCC member state to ratify the PCT.

The regional GCC Patent Office has been operational since 1998. However, even though all GCC member states are now members of the PCT, it is not yet possible to regionally file a PCT application through the GCC Patent Office. As such, those who wish to nationalize a PCT application in any GCC member state must do so in each country individually.

National phase entry in Kuwait

Here are some of the key patent filing requirements you need to know about for PCT national phase entry in Kuwait:

  • Only PCT applications filed on or after September 9, 2016 will automatically include the designation of Kuwait.
  • The time limit to file a PCT application in Kuwait is 30 months from the priority date.
  • Applications must be submitted in Arabic.
  • An Arabic translation (no certification necessary) can be submitted 90 days after filing.
  • A power of attorney is required, and must be legalized by a Kuwaiti consulate, or in its absence, at the consul of any other GCC member state or Arab country.

The Morningside IP advantage

We know the PCT national phase entry process can seem daunting and expensive for those seeking patent protection in multiple countries. To simplify the process, Morningside IP provides a one-stop shop for PCT national phase entry in all 152 contracting states, reducing the administrative burden for our clients and offering substantial cost savings on translation and agency fees. Our PCT national phase service utilizes top-tier foreign agents in each target country and functions as a hub for foreign filing throughout the world. Contact us today to find out how we can help you.