Patent give its owner exclusive rights to exclude other from making using importing selling or offering for sale the protected invention without his permission.
What is a patent ?
Patent
Patent is a property right granted to an inventor it gives its owner the right to exclude others from making, using, selling, or offering to sell in ALGERIA the invention claimed in the patent.
Certificate of Addition
The improvements brought to a protected invention can be registered in order to protect them by a title called certificate of addition which registration formalities are the same as the patent. The certificate of addition is linked to a basic patent. The protection term of the said certificate is limited to the term of the patent to which the improvement was brought.
By Filing
- a national patent application to the Algerian National Institute of industrial property (INAPI).
- an international application submitted in the framework of the Patent Cooperation Treaty PCT.
Procedure for Granting Patent
- Patent Search
Before applying for a patent, we recommend that patentability and a state of the art searches must be conducted to ascertain whether any documents closely related to the invention exists.
- Drafting and Filing a Patent Application
Application for patent must be filled into five copies and must include the following:
a) - Description of the invention
(I) - Must be detailed and sufficiently clear as to enable skilled person to carry it on.
(II) - Must be in Arabic language and translated into two copies in French language.
(III) - Must conclude one or more claims that formally define the invention and determine the scope of protection.
Abstract shall briefly describe the main points of the invention and must be not exceeds 15 lines.
c) - Drawing if needed
To illustrate more clearly the invention into two copies.
d) - Declaration by the applicant is requested if the applicant or applicants were not the inventors (article 10).
e) - Declaration of priority
If the applicant claims the right of priority a national application in Algeria must be filed within 12 months from the date of
filing of the earliest application in any country of Paris Union (article 23).
a declaration of priority and payment of priority fees is Requested at the moment of filing, and a certificated priority
Documents may be submitted within 03 months from the Algerian filing date.
f) - Signed power of attorney
g) - Payment of the prescribed fees
Duration and Maintenance of Patent
Patent is granted for twenty years from the date of application.
In order to keep patents and patent application in force annuity fees must be paid in
the prescribed time.
International Application (PCT Filing)
Algeria joined the PCT in March, 8th, 2000.
An international application can be filed with the INAPI acting as a receiving office by any national of a signatory state to the PCT or any person residing in such a state, application may also be filed with the International Bureau of the WIPO. The application has to be filed in accordance with the PCT formal requirements, and fees are to be paid to the office of filing.
Entry to the national phase all documents must be submitted to the INAPI as a designated the priority date.
We provide a full range of services according to patent:
Comprehensive Patent searches as to the patentability and the state of the art.
a) - Patentability report: We provide our clients with a patentability report for their invention in order to determine whether the claimed invention fall within the scope of the patentability subject matter according to our national law.
b) - Patent searches: We conduct full patent searches- national patent search with the INAPI national patent database
- foreign patent search with the INAPI foreign patent database or other regional or international patent office ororganization in order to determine whether there are any documents, applications, patents closely related to the claimedinvention.
Legal opinion and summary of the search report
Application preparation and management
Prosecutions and opposition
Amendments
Recording Assignments and license agreements
Maintenance of the patent
Patent infringement and litigations
International application under the PCT
PCT national phase procedures with the INAPI if Algeria is designated
Translation document from
- English into French
- English into Arabic
- French into Arabic