Libya
Information on the filing of Patents in Libya
|
|
PATENT
REGISTRATIONS
Patent protection
is obtainable via a national filing. Libya is a member of the International
Convention and of the PCT.
The requirements
for filing a non-PCT application in Libya are as follows:
(a) A Power
of Attorney legalised up to a Libyan embassy or consulate;
(b) An extract of a commercial register or certificate of incorporation
legalised up to a Libyan embassy or consulate (if the applicant is not
an individual);
(c) An Assignment of Invention legalised up to a Libyan embassy or consulate
(if the inventor(s) is/are not employed by the applicant);
(d) A certificate of employment (on an official letterhead of the applicant)
duly signed and stamped by the applicant company and legalised up to
a Libyan embassy or consulate (if the inventor(s) is/are employed by
the applicant company);
(e) A certified copy of the priority application; and
(f) A copy of the specification (including description, claims, drawings,
and abstract) in English and in Arabic.
Items (b), (c),
(d) and (e) can be lodged within 1 month of the filing date but items
(a) and (f) are required upon filing. In respect of item (a), a copy
of the signed Power of Attorney can be lodged upon filing with the original
legalised Power of Attorney to follow within 1 month of the filing date.
The requirements
for filing a PCT application in Libya are as follows:
(i) A Power
of Attorney legalised up to a Libyan embassy or consulate;
(ii) An extract of a commercial register or certificate of incorporation
legalised up to a Libyan embassy or consulate (if the applicant is not
an individual);
(iii) An Assignment of Invention legalised up to a Libyan embassy or
consulate (if the inventor(s) is/are not employed by the applicant);
(iv)A certificate of employment (on an official letterhead of the applicant)
duly signed and stamped by the applicant company and legalised up to
a Libyan embassy or consulate (if the inventor(s) is/are employed by
the applicant);
(v) A certified copy of the priority application;
(vi) A copy of the specification (including description, claims, drawings,
and abstract) in English and in Arabic;
(vii) A copy of the PCT request;
(viii) A copy of the International Search Report; and
(ix) A copy of the International Publication.
Items (ii) to
(vi) and (viii) can be lodged within 1 month of the national phase entry
date but items (i), (vii) and (ix) are required upon national phase
entry. In respect of item (i), a copy of the signed Power of Attorney
can be lodged upon national phase entry with the original legalised
Power of Attorney to follow within 1 month of the national phase entry
date.
Our cost estimate
for filing a patent application in Libya is between about US$ 2000.00
and US$ 2200.00. To this must be added further costs, which may
or may not be applicable, such as about US$ 60.00 per priority
claim, and about US$ 40.00 per 200 words for translation costs
from English to Arabic.
TRADEMARK
REGISTRATIONS
1. Filing
requirements
1.1 Full name,
street address and description of the applicant (including trading style,
if any, and state/country of incorporation, if incorporated).
1.2 List of goods and/or services.
1.3 A power of attorney, legalised by a Consul of Libya or any other
Arab country.
1.4 10 prints of the mark for word and device marks.
1.5 Certification of Incorporation, legalised as above.
1.6 Certified copy of the home or foreign registration certificate.
2. Classification
2.1 The international
classification of goods and services are followed.
3. General
3.1 Duration
: 10 years from filing date and renewal for further periods of 10 years
3.2 Use : Compulsory.
3.3 Marking : Optional.
3.4 Licenses : Permitted.
3.5 Assignments of applications are permitted.
4. Costs
4.1 Application:
First trade mark/class $1640.00, additional classes filed simultaneously
$1550.00 each.
4.2 Assignment : First trade mark/class $890.00, additional trade
marks/classes filed simultaneously $595.00 each.
4.3 Preparation of documents : $130.00.
4.4 Recordal of change of name or address : First trade mark/class
$450.00, additional trade marks/classes filed simultaneously $320.00
each.
4.5 Licenses : First trade mark/class $860.00, additional trade
marks/classes filed simultaneously $530.00 each.
4.6 Renewal : First class $690.00, additional classes renewed
simultaneously $590.00 each.
4.7 Search: 1 mark in 1 class - $325.00 (approximate 2 weeks)
Design
Protection
Design protection
is obtainable via a national filing. Libya is a member of the International
Convention.
The requirements
for filing an application in Libya are as follows:
(a) A Power
of Attorney legalised up to a Libyan embassy or consulate;
(b) An extract of a commercial register or certificate of incorporation
legalised up to a Libyan embassy or consulate (if the applicant is not
an individual);
(c) An Assignment of Design legalised up to a Libyan embassy or consulate
(if the inventor(s) is/are not employed by the applicant);
(d) A certified certificate of employment duly signed and stamped by
the applicant company or otherwise duly notarised (if the inventor(s)
is/are employed by the applicant company);
(e) A certified copy of the priority application with an English translation
thereof (if priority is claimed), both legalised up to a Libyan embassy
or consulate;
(f) 4 sets of formal drawings;
(g) A copy of the specification and a summary of the design in English;
and
(h) 2 copies of the specification and a summary of the design in Arabic.
Items (b), (c),
(d), (e) and (h) can be lodged within 3 months of the filing date but
items (a), (f) and (g) are required upon filing.
Our cost estimate
for filing a design application in Libya is between about US$ 1800.00
and US$ 2000.00. Further, all documents filed must be translated
into Arabic at an additional cost of about US$ 40.00 per page.