The Gulf Cooperation Council (GCC) countries (Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE)) have set up a common patent system similar to that of the Eurasian Patent Convention discussed in our November 1994 Newsletter (N.S. 184). The Council has set up its Patent Office in Riyadh, Saudi Arabia. The new law came into effect on October 3, 1998.

The definition of patentable inventions covers most types of subject matter, but excludes such items as computer programs, methods for doing business, plant varieties, animal species, biological processes to produce plants or animals, methods of surgery, and therapy or diagnosis applied to the human body. We have been advised that, notwithstanding a prohibition of the grant of patents for pharmaceutical products under the UAE domestic law, a GCC patent claiming a pharmaceutical product will be effective in the UAE.

Novelty is to be judged on a world-wide basis and covers all types of public disclosure and public use. However, there is a one-year grace period for publications made by the applicant or his predecessors in title or as a result of an abuse of the applicant's rights. Additionally, it appears that, as is the case under Saudi Arabian law, a patent can be obtained under the GCC law, notwithstanding the grant of a patent from the same invention elsewhere, as long as the term of the GCC patent is limited to expire with that of the foreign patent.

The term of normal GCC Patents will be 15 years from grant although a 5-year extension may be possible. Maintenance fees will be payable annually to keep a GCC patent in force. Fees for individuals will be one half of those for corporations and will be high by international standards.

Dual protection by way of national and GCC patents for the same invention will not be allowed, but it will be possible to file an application for a GCC patent, notwithstanding the grant of a national patent as long as an undertaking is given that the national patent will be abandoned once the GCC patent has been granted.

Infringement rights are subject to a limitation that a GCC patent may not be enforced against anyone, when before the grant of the patent, that person has used the invention or made substantial preparations therefor.

Patents are subject to the grant of non-exclusive compulsory licenses, if the claimed invention is not used or if only used to an insufficient extent within the GCC within 2 years of the grant of a patent. In such a case "fair compensation" must be paid to the patentee.