Patent Requirements in Iraq

1- Power of attorney duly legalized up to the Iraqi Consulate.

2- The power of attorney must be stamped and sealed by the applicant company.

3- Eight copies of specifications, claims and drawings in English and Arabic.

4- Certified copy of the priority document duly legalized up to the Iraqi Consulate in case priority is to be claimed.

5- Assignment deed from the inventor(s) duly legalized up to the Iraqi Consulate, in case the applicant is not the inventor himself.  

Nominal working: failing of publishing Notice for nominal working makes the Patent vulnerable. However, it does not make the Licensing compulsory.

  Note: Iraq is not a member state of PCT.

  Patent Registration System:

Once an application for the grant of a patent is filed, it is examined with respect to compliance with formalities and patentability provided for under the Iraqi Patent Law.  

The Patent Office may require whatever amendments that may be necessary to bring the application into conformity with the law. In the event the applicant does not comply with the requirements of the Patent Office within a given grace period as authorized by the Registrar, the patent application will be treated as renounced.

  Patent applications are examined closely as to the contents and novelty of the invention. Once an application is accepted, the relevant letters patent will be issued. It takes at least two to three years for the letters patent to be issued after the usual acceptance process. Annuities are to be paid every year on the anniversary date of completing the relevant file at the Patent Office with the required documents.

Payment of Annuities

  Annuities are paid after the patent is granted.

In case annuity was not paid in time, it is still possible to invalidate at and attend for late renewal.

  Novelty and Disclosure requirement absolute.

  Validity of Patent

  A patent is valid for fifteen years starting from the date of completing the application submitted to the Patent Office. Such validity is subject to payment of the prescribed annual fees. All the unpaid annuities are collected from the applicant with a retroactive effect upon the grant of the patent.

  The rights to a patent may be assigned or transferred through succession. The assignment of patent applications and granted patents must be made in writing. An assignment shall have no effect against third parties unless it has been published in the Official Gazette and duly entered in the relevant records of the Patent Office.

  Working of patents is an official requirement in Iraq. In the event that the owner of a patented invention in Iraq does not satisfy the stipulated working requirements of the country within three years as from the date of grant or if working the invention ceases for two consecutive years, then the patent will be subject to compulsory licensing under the provisions of the law. Patentees are not required to effect nominal workings of their patents.