Overview of the Legal Framework

The Saudi IP system is mainly based on the following core legislation:

• Trademarks Law (Royal Decree No. M/21 of 2002, as amended in 2023)

• Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Designs (Royal Decree No. M/27 of 2004)

• Copyright Law (Royal Decree No. M/41 of 2003, as amended in 2023)

Competent authorities:

• SAIP (Saudi Authority for Intellectual Property)

• GCC Patent Office (GCCPO): responsible for regional patent grants (new GCC filings have been suspended since 2021; the office currently maintains existing cases only).

Saudi Arabia is a member of WIPO, the PCT, the Madrid System, the Hague System, the Paris Convention, TRIPS and the GCC.

International Cooperation and Regional Integration

• Saudi Arabia is a member of WIPO, the PCT, the Madrid System, the Hague System, the Paris Convention, TRIPS and the GCC;

• SAIP has established cooperation and Patent Prosecution Highway (PPH) arrangements with WIPO, EUIPO, USPTO, KIPO and JPO;

• IP reform is closely linked to “Vision 2030” national innovation and IP strategy;

• Saudi Arabia has launched a National IP Strategy 2022‑2030 to promote the digitalisation of patent and trademark services.

Trademark System

Filing Routes

• National trademark applications may be filed electronically with SAIP via its online platform;

• Protection may also be obtained by designating Saudi Arabia under the Madrid System (Madrid Protocol) (available since 2021);

• Historically, early registrations could be obtained via the GCC regional system (now closed to new filings).

Classification

• Uses the Nice Classification;

• Multi-class applications are accepted.

Examination Procedure

• Formal examination: around 1‑2 months;

• Substantive examination: around 6‑8 months;

• Opposition period: 60 days from the date of publication.

Use and Renewal

• Registration term is 10 years (Hijri calendar), renewable for further 10-year periods;

• A registered mark may be subject to cancellation if it has not been used for 5 consecutive years.

Examination Features

• Examination language is Arabic (with English translations/transliterations where appropriate);

• Exam focuses on distinctiveness and religious sensitivity;

• Marks containing religious elements, state emblems or content contrary to public morality are refused registration.

Patent System

Types of Protection and Term

• Invention patents: 20 years from the filing date;

• Utility models: 10 years from the filing date.

Examination Mechanism

• Inventions are examined under a substantive examination system;

• A request for examination must be filed within 3 years from the filing date;

• Average examination time is around 2‑4 years.

International Routes

• Saudi Arabia has been a PCT member state since 2013;

• PCT international applications may enter the Saudi national phase to obtain protection in the Kingdom;

• The GCC Patent Office (GCCPO) previously offered a regional route (now limited to maintaining existing patents).

Key Features

• Examination language is Arabic;

• The first-to-file principle applies;

• Patents are maintained by payment of annual fees;

• An electronic system supports e-filing and automated status notifications;

• Priority technical fields include pharmaceuticals, energy, chemistry and ICT-related industries.

Industrial Design Protection

Legal Basis

• Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Designs (Royal Decree No. M/27 of 2004).

Scope of Protection

• The external appearance of products, including shape, patterns, lines, colours and ornamentation;

• Applicable to both industrial and handicraft products.

Term of Protection

• 10 years from the filing date, non-renewable.

Examination Procedure

• Examination period is approximately 6‑9 months;

• Examination language is Arabic;

• Primarily a formal examination, without substantive assessment of creativity.

Key Features

• One registration provides protection throughout Saudi Arabia;

• International design protection can be obtained via the Hague System (Hague Agreement), which has applied to Saudi Arabia since 2022.