Updated Industrial Design Protection Requirements in Saudi Arabia

Updated Requirements for Industrial Design Protection in Saudi Arabia

Saudi Arabia's framework for industrial design protection has undergone significant updates to enhance legal security and promote innovation. This article outlines the latest requirements, examination procedures, and protection terms set by the Saudi Authority for Intellectual Property (SAIP). Notably, the design protection term has been extended to 15 years, reflecting progressive regulatory changes.

Authority:

• Saudi Authority for Intellectual Property (SAIP), www.saip.gov.sa

Term of Protection:

• As of October 3, 2023, the protection term for industrial designs is set at 15 years from the filing date. This extension applies to all new design filings, improving on the former 10-year period.

Filing Deadline:

• Applicants must file their applications within 6 months from the earliest priority date to comply with procedural deadlines.

Required Documents: 

• Representations / Pictures
• Brief description
• Power of Attorney (Notarizaed and Legalization / Apostille)
• Certified copy of priority document (Notarizaed and Legalization / Apostille)
• Ownership Statement / Employment Statement / Priority Assignment (Notarizaed and Legalization / Apostille)

Process & Procedure:

• SAIP does not conduct substantive examination for industrial design applications. Once the formal examination requirements are satisfied and the registration fee is paid, the design will be granted. SAIP does not accept multiple designs in one application. More than one industrial design may not be submitted in a single design application. Each design must be filed separately.
• The definition of an industrial design in Saudi Arabia refers to a combination of two-dimensional lines or colors or three-dimensional shapes that give a special appearance to any industrial or traditional craft product.
• Responses to office actions must be submitted within 90 days of notification of issuance.
• Unregistrable Designs, certain designs are ineligible for protection in Saudi Arabia, including:
  • Designs conflicting with Islamic Sharia law, or harmful to the environment/public health
  • Designs incorporating another party’s trademark, flag, or official emblem
  • Designs driven solely by technical or functional requirements
  • Designs that fail to meet the standard definition or criteria for industrial design protection
• Drawing and Image Requirements:
  • Clear depiction of unique design features in drawings or photographs
  • Up to seven images allowed
  • Uniform background color free from additional elements or decorations
  • No text or symbols in the drawings
  • Solid lines show protected features; dashed lines denote unprotected features
  • Both black-and-white and colored images are acceptable
  • Expedited examination processes are not available
• Rights and Enforcement:
  • The registered design's owner, or an exclusive licensee with a recorded agreement, can file infringement lawsuits at the Commercial Court against unauthorized use, manufacturing, selling, or importing of the design.
  • Though lacking strict infringement criteria, use of a registered design or its major part for commercial purposes may be deemed infringement.
  • While customs measures do not apply, the Patent Dispute Committee can issue temporary injunctions against infringement. Third parties may also file invalidation actions.
  • Awarding of damages follows Sharia principles, requiring clear evidence of direct harm from infringement.

Grace Period for Novelty:

• A design disclosed within 6 months prior to the filing date, either at an international exhibition under the Paris Convention or through evident abuse by a third party, retains its novelty status.

Grant and Renewal Maintenance Fees:

• Grant and publication fees must be settled within 90 days of the official fee notice. Annual fees are due January 1 to March 31 each year, counting from the filing date.
  • Designs filed after January 1, 2013, must address the 11th-year annuity by May 23, 2024, to maintain the extended 15-year protection.

Granting Time:

• Average registration time for industrial designs is between 10 - 12 months.

Conclusion

Saudi Arabia’s revised industrial design framework underscores the country's commitment to intellectual property protection and innovation. With streamlined procedures, extended protection periods, and fortified enforcement, SAIP supports creators and businesses in securing their design rights in the Saudi market.