The Amended Patent and Industrial Models Law No. (65) for the year 1970

In the Name of People
Presidency of the Republic
According to the decision ofthe National Council and as approved by the Revolutionary
Council and according to article fifty-three ofthe Constitution:

We Issued the Following Law No. (28) for the year 1999

The Amended Patent and lndustrial Models Law No. (65) for the year 1970


The Amended Patent and Industrial Models Law No. (65) for the year 1970

Article ( I )

The following terms and expressions shall have the meaning ascribed thereto hereunder:

l-Office: Office of Council of Ministers:
2-Registrar: Registrar of patent and industrial models (head of the Central Organization
of Standards and Quality Control)
3-Organization: The Central Organization of Standards and Quality Control
4-Invention: Any innovative idea, capable of industrial application which relates to a
product or a manulacturing process, or both, or which achieves certain percentage of
development outside the realm of imitation.
5- Inventor: Any person who creates an invention.
6- The proprietor of patent: The actual owner of a patent whether he is the inventor or the
person to whom patent rights have reverted to.
7- Industrial Model: Any two dimensional form, whether associated with lines or colors
which gives a special appearance that may be used for industrial or handicraft purposes.
8- Patent: Certificate indicating the registration ofan invention.
9-Bulleting: The bulleting where inventions and industrial models are published in the
Organization.
l0-Application: The application to register the invention or industrial model.
I l-Applicant: The applicant to register the invention or industrial model.
l2-Date ofapplication: The date on which the Organization received the application.
l3-Register: The Register prepared in the Organization to record patents and industrial
models.
l4-Fees: The charges that are due according to the schedules attached to this Law.


Article (2)

A patent shall be granted according to the provisions of this Law.

Article (3)

A patent shall not be granted in the following situations:

l-Inventions the exploitation of which would breach public ethics, public order, or which

contradict public interest.
2- Methods or means used in financial, banking, or mathematical matters.
3-Buildings maps and three dimensional works related to thereof.

Article (4)

An invention shall not be considered novel in the following two situations:

l-lfthe invention during the fifty years preceding the date of filing the application has
been used publicly in Iraq or outside lraq, or the invention description or drawing has
been disclosed in publications in lraq or outside Iraq whereby the description or

drawing is clear so that experts can exploit the invention.

2-If the invention during the fifty years preceding the date of filing the application has
been issued a patent or part thereof to a person other than the inventor, or person
whom patent rights have reverted to, or a third party has requested a patent for the

invention ofpart of it within the period stipulated.

Article (5)

l-The Registrar shall reject the application if it does not meet one ofthe conditions
stipulated in this Law.

2-A rejection decision for the application shall be notified in official addressed note to
the applicant explaining reasons for rejection. The applicant has the right to complain
and object the rejection decision before the Juridical Administrative Court.

Article (6)

A Register called "the Inventions Register" shall be created at the Organization. All
inventions and particulars related thereof shall be recorded in the Register pursuant to the
provisions of this Law.

Article (7)

The following persons lrave the right to request patent:

l-Iraqis and Arab nationals.


2-Foreigners residing in Iraq where they have actual place of business.
3-Foreigners of countries which provide lraq with national treatment.
4-Country depaftments and socialist sector
5- Companies, associations, establishments set up in lraq or countries which provide lraq
with national treatment ifacquirejuristic personality, industrialists, producers, traders, or
wolker provided that the invention is registered in the name of the inventor unle5s the
invention has been previously registered outside Iraq in which case the invention shall be
registered in the name ofthe company, establishment, or association which owns it.

Article (8)

The right of in the ownership ofan invention shall be granted to actual holder ofthe
patent or his successor. Shall the invention be the result ofjoint efforts by a number of
persons, the right ofa patent shall be for all ofthem jointly and equally, unless they agree
otherwise. Shall several people reaclr the invention and each is independent from the
other, the right to the patent shall be granted to first applicant to file an application.

Article (9)

The inventor employee, shall the invention be attained during the employment contract or
when the employee performs the work as employee, shall the following rights:


a-Requestjust compensation by the employer, unless the employment contract states that
the invention is in return for a specific remuneration.
b-Verification the name ofthe inventor after the name ofthe employer in the patent.


Aricle ( I0)

ln other cases not mentioned in Article (9) and when the invention falls within the field of
activity ofthe inventor employee, the employer shall have the choice to use the invention
or buy it forjust compensation paid to the inventor employee provided that the employer
shall express his opinion in writing whether of acceptance or rejection to the Registrar
within three months following the date of patent issuance.

Article (11)

The application filed by the inventor employee to obtain a patent during the year
following his departure ofthe work shall be considered as if it was filed during the
execution ofthe contract or employment. The inventor employee and employer shall
have all the rights mentioned in Articles (9) and (10) of this Law ifthe invention was
attained because ofthe inventor employee working for the employer.

Article ( I 2)

No person other than the proprietor of a patent shall be vested with the right to exploit his
invention in all Ieeal means.


Article ( | 3)

The term ofprotection shall be for 20 years as ofthe date of filing the application for a
patent, except for pharmaceuticals lvhere the term of protection shall be for l0 years
subject to renewals for two time for a period of5 years each time provided that all the
lequired documents have been completed with 6 months from the date of filing the
application and shall be renewed annually after payment offees as determined by law.

Article ( I 4)

The fees shall be levied according to schedule number (1) attached to this Law.

Article ( I 5)

l-Ifthe subject ofan invention is to make changes, improvements, or addition on an
invention that has been granted a patent previously, then the proprietor ofthe patent shall
request, according to the provisions of Article ( l6) of this Law and after payment of fees,
additional patent expires at the time the original patent expires. The additional patent
shall be cancelled if the original patent is cancelled.

2-Any person shall request to amend, reform, or complete an invention after payment of
the required fees.

3- The proprietor ofa patent shall not be permitted to change, reform, or complete an
invention which has already been granted a patent except with the permission ofthe
proprietor ofthe original patent. In addition, the proprietor ofthe original patent shall not
be permitted to use the change, reform, or conrpletion except with the permission ofthe
proprietor of the amended patent.

Article ( I 6)

l-The inventor, any person whom he enjoys the invention rights, or through registration
agent authorized, may apply for the registration ofthe invention in pursuant ofthe
circumstances described in the Law and according to the conditions specified in a special
regulation. The registration application should be limited to one invention.

2-The registration application shall be accompanied with a detailed description ofthe
invention indicating the method for carrying out the invention and inoluding the new
elements the inventor requires protection for in clear way. The registration application
slrall be accompanied with an invention drawing according to the circumstances and in
the manner determined by the instructions.

Article ( l7)

The proprietor shall not exploit his invention except from the date the patent is granted.


Article ( I 8)

The Organization shall examine the registration application to insure the following:

l-The application is submitted according to the provisions of Article ( l6) of this,Law.
2- The description and drawing clearly explain the invention in a way that enables a
person of experience in the field to implement it.
3-The inventive elements that the proprietor requires protection lor are stated in the
application in clear and succinct manner.


Afticle ( l9)

The Registrar may require the applicant to amend the application in the Registrar
considers necessary within six months lrom the date ofnotification. If the applicant does
not amend his application, then he is considered as ifrelinquished his application. The
applicant shall have the right to object the Registrar to amend the patent application
before the Minister within thirty days from the date the Registrar decision is issued arrd
the decision of the Minister in that matter shall be final.

Article (20)

The Registrar shall declare the patent after the conditions set out in Article (18) of this
Law are met.

Article (21)

The patent is granted to the proprietor based on a decision from the Registrar. The
decision shall be announced in oursuant ofthe nranner specified in the instruction.

Afticle (22\

If the Registrar determines that the invention is related defense or has a military value
then hen rnust inform the Ministry of Defense immediately of the application and
attached docunents. The Minister ofDefense shall request not to declare the application
if he considers necessary for defense matters, and for the same reason the Minister of
Defense may require not to publish the patent within 30 days from the date the
application is filed or from the date the decision to grant a patent has been issued. The
Minister ofDefense shall have the right to object granting the patent for the applicant in
return for purchasing the invention from the applicant or conclude an agreement to
exploit it.

Article (23)

The proprietor ofthe patent may, after the payment of fees, file an application for the
amendment ofthe patent specifications or explanatory illustrations which shall indicate


the nature ofthe amendment or itsjustification provided that such amendment does
change the essence ofthe invention. The amendment application shall follow the same

procedures for original application filed for the registration ofthe invention.

Article (24)

Any person shall obtain a copy ofpatents and documentations which the Registrar
considers appropriate after payment ofthe determined fees, except the main
specifications which the inventor requires protection for and not to disclose.

Article (25)

A patent shall be disposed by all legal action and shall be transferred and all its related
rights by inheritance. The patent disposal shall not have any effect against third parties,
except from the date of its documentation in the Registrar in the Organization. The patent
mortgage as well as transfer ofpossession shall be published appropriately.

Article (26)

'l'he creditor shall have the right ro seize the patent ofhis debtor according to a decision
issued by the competent courts provided that the Organization is notified ofthe seizure
and other legal proceedings taken in this matter. The seizure shall not have any effect
against third pady except from the date ofdocumentation and publication ofthe seizure
according to the appropriate procedures.

Article (27)

1-The patentee shall notify the Registrar of the date of exploiting the patent with 30 days
of the date the exploiting commenced.

2-If the invention is not is not exploited in Iraq with three years as ofthe date ofgranting
the patent or if the exploitation does not meet the need ofthe country, and if the
exploitation lapsed for two years at least, then the Registrar may grant a compulsory
Iicense to exploit the invention to a third party provided that the third party is capable of
exploiting the invention seriously. The patent proprietor shall request ajust compensation
through the Registrar within 90 days as ofthe date the compulsory license has been

declared. The decision ofthe Registrar regarding compensation shall be subject to
objection before the Minister within 30 days from the date the patent proprietor has been

notified and the decision ofthe Minister shall be final.

Article (28)

If the exploitation ofan invention has a great inrportance in industry and this exploitation

requires using another invention that was previously granted a patent, then the Registrar

may grant the proprietor a compulsory license to exploit the previous patent if his

proprietor refused to agree on the exploitation on reasonable terms as determined by the


Registrar. The Registrar may grant the proprietor the old patent a compulsory license to

exploit the subsequent patent if it has a great importance. [n granting the license

compensation shall be estimated for one party according to the conditions and cases

stated in Article (27) of this Law.

Alticle (29)

The Registrar shall cancel the compulsory license granted for the patent, and any

interested person shall request so, if the patent is exploited in Iraq within two years from

the date the license has been issued.

Article (30)

The Minister may issue a decision to forfeit the ownership of inventions if necessary for

public interest or for reasons related to national defense. Forfeiture shall include all rights

related to the patent. The forfeiture shall be limited to exploit the invention and to meet

the needs ofthe state. In all cases, the patentee shall be entitled tojust compensation

based on a decision by the Minister. The patentee shall have the right to object to the

Minister decision before the President of the Republic within 30 days as of date of

notiilcation ofthe Minister decision and the decision ofthe President ofRepublic shall be

, final.

Ar ticle (3 I )

The patent rights shall lapse in the following cases:

I -The lapse of the protection period stipulated in Article ( I 3) of this Law.
2-Issuance ofa finaljudgment on the invalidity ofthe patent.

- 3-Non-payment ofthe due fees without ajustified reason.
4-The invalidity ofthe patent in accordance ofthe rules stipulated in this Law.
Adicle (32)

The lapse ofthe patent shall be published in the bulletin as well as transfer, invalidation,
dispossession, granting of a compulsory license or its renewal, and all related matters.

Article (33)

Any interested, as well as the Registrar hinrself, shall request the Registrar to invalidate a
patent registered contral'y to the provisions of this Law, or to amend any data stated in the
register contract to the fact or to any other data without a valid reason. The decision of
the Registrar shall be subject to objection before the Minister within 30 days as ofthe
date of its issuance and the decision ofthe Minister shall be final.


Afticle (34)

The rights of the patentee are not violated whereby the patent is used in means of aerial,
maritime, or land transport owned for countries which provides lraq with national
treatment, in case if it is present in Iraq temporarily or incidentally.

Article (3 5)

The provisions of this Law shall apply on inventions currently protected provided that a
patent application is filed within two years as ofthe date this Law enters into force and
the previous period ofprotection shall be included the subsequent period ofprotection.

Article (36)

l-The registration application for industrial model shall be deposited with the Registrar
provided that the conditions stated in the instructions are satisfied.
2-Each industrial model shall be filed in a separate application.


Article (37)

l-The application shall be denied if the conditions stated in the instructions are not

satisfied.
2-The applicant shall have the right to object the Registrar decision within 30 days from
the date the applicant was notified ofthe decision. The objection shall be submitted
before the Minister whose decision is final.


Article (38)

The Organization shall issue the required certificate for the registration of industrial
model that included the data stated in the instructions.

Article (39)

Any interested person shall have the right to request a copy ofcerlificates and decisions
pertaining to the registration ofan industrial model after payment ofthe required fees.

Article (40)

The transfer of ownership ofan industrial model shall not be deemed as evidence again
third parties except after registration in the Register.

Article (41)

The duration ofprotection ofan industrial model shall be seven years commencing from
the date of issuing the certificate provided that renewal fees are paid annuaily.


Afticle (42)

The l'ees pertaining to an industrial model, transfer ofownership, or amendment shall be
paid according to the fee schedule No. (2) attached to this Law,

Article (43)

The Registrar shall publish an announcement in the bulletin ofregistered, revoked, and
amended industrial models and any transfer or change occurs.

Article (44)

Whoever commits any of the following acts shall be punished by an imprisonment term
ofno less than six months and ofno more than two years and a fine ofno less than three
thousand Dinars and of no more than ten thousand Dinars:


I -Imitates the subject of a patent protected under this Law.
2-lmitates an industrial model granted a certificate according to this Law.
3- Sells, possesses for the purpose ofsale, offers for sale or circulation, or imports from
abroad products imitating the subject of a patent of industrial model knowing that the
patent or the industrial model is registered in lraq.
4-Affixes misleading indications leading to the beliefthat he obtained a patent or license
to exploit it on his products, trademarks, or advertisements.
5-Possesses without a valid reason patent or certificate of industrial model that has been
previously registered in lraq or abroad,


Article (45)

l-The proprietor ofa patent or industrial model, when filing a civil or criminal case, may
request the Court, provided that he submits a certificate indicating registration ofa patent
or industrial model and a monetary guarantee assessed on the basis ofthe value of
products as determined by the Court, to make precautionary seizure ofthe products
subject ofthe infringement and tools used for this purpose and to make precautionary
seizure on imitated products imported from abroad.
2- Before files his civil or criminal case, the patent proprietor may request the court to
take precautionary seizure provided for in paragraph (l) of this Article provided that he
proceeds with his case within eight days as ofthe date ofseizure, otherwise the seizure
procedures shall be invalidated by a decision by the competent Court.
3-The decision to take precautionary seizure may include appointing an expert or more

to implement the decision.

Article (46)

The Court may decide in any civil or criminal case to confiscate the seized products or
that will be seized to deduct from its price the fines or compensations. The Court also


may use these products as it sees fit and it may order to destroy them if necessary. The

Courl shall publish the decision in the bulleting and in one newspaper or more at the

exDense of the defendant.

Article (47)

Temporary protection shall be granted to inventions and industrial models displayed in
private or international exhibitions in lraq or any country that provides lraq with national
treatment. The inventor or the owner ofan industrial model shall notify the Registrar,
after paying the fees, with a detailed description ofthe invention or industrial model
within seven days that precede the display in an exhibition.

Article (48)

Employees ofthe Central Organization of Standards and Quality Control shall not be
allowed to apply themselves or through others to obtain patents or register an industrial
model except after the iapse of at least five years from the date they leave their posts at
the Central Organization.

Article (49)

l-The head of the Organization of the Prime Ministry may grant an inventor or owner of
an industrial model which beneficial for the country a reward not exceeding 250000
Dinar for every case and if higher reward is necessary then he can suggest that to the
Presidency Office accompanied with the opinion of Ministry or entity that has interest in
the invention or industrial model.
2-The Registrar may upon the approval of the Minister and Ministry of Finance to forgo
the required fees as stipulated in this Law for persons ofhigh intellect.

Article (50)

Patents and industrial models shall be classified according to the way clarified in the
instructions.

Article (5 l)

| -The Regulation of Patent and Industrial Models No. 2l for the year I 970 shall be
cancelled. The provisions ofthe Law shall be applicable to the extent they do not conflict
with the provisions of this Law until the Councilof Ministers issue regulations for patent
and industrial models.

2- The Council of Ministers shall issue the necessary instructions for implementing the
provisions of this Law.

Article (52)


The Patent Law No.6l for the year 1935 and its amendments and the regulations issued
pursuant to that law shall be cancelled.
Article (53)
This Law shall enter into force as ofthe date it is published in the Official Gazette.
Article (54)
The Ministers are commissioned with implementing this Law.



Instructions No.3 for the year 2000 for Regulating Patent and Industrial Models

Article ( I )

Invention-Any innovative idea, capable of industrial application which relates to a
product or a manufacturing process, or both, or which achieves certain percentage of
development outside the realm of imitation.

Article (2)

a-The invention is novel if it is not obvious to experts taking into account the prior
industrial art.

b-The invention is capable ofindustrial application whereby it is capable ofuse in any
type of industry, agriculture, crafts, and services in its broadest sense,

Article (3)

a-Exploitation ofthe invention shall mean do any act related to the industrial application
ofthe invention in lraq.

b-Industrial application ofthe invention shall mean producing a product if the patent is
granted or use the industrial process if the patent is granted through the industrial process.

Adicle (4)

a-The applicant of a patent shall have the right to amend his application provided that
these amendments do not exceed anything declared in the original application.

b- The applicant of a patent shall have the right to divide his application to ancillary
application provided that any ancillary application does not exceed beyond anything
declared in the original application.

c- The date of filing the original application or the priority date shall be considered the
filing date for the amended or ancillary application. Each part shall be considered an
independent application for purposes ofthe Patent and Industrial Models Law No. 65 for
the year 1970.

Afticle (5)

a-'fhe applicant shall provide the Central Organization of Standards and Quality Control
whenever necessary with the following documentation related to his application that was
recorded concerning the invention in a foreign office in another country responsible for
industrial propefty or in a regional office for industrial property:


I . A Copy of every receipt received by the applicant regarding the results ofthe
research, or examination ofthe foreign application including prior art.
2. A copy ofthe patent or any document protecting the invention issued by a foreign
entity.
b-The documents stated in paragraph (a) of this Article shall be used to facilitate.the
assessment the application deposited in the Organization or in the patent granted. The
applicant shall have the right to provide comments on these documents and to provide
any additional information he deems necessary.

Article (6)

a-No person shall exploit the patent in any way without the permission ofthe patentee.
b-The licerrse to exploit the patent is considered a Iegal act. The license shall be in the
form of a contract between the licensor (the patentee) and the licensee (the person who
exploits the patent). The licensee shall enjoy the rights as stipulated in Article (3) ofthese
Instructions and in accordance with the terms ofthe license contract concluded between
them in Iraq without determining the period ofthe contract, unless otherwise agreed. The
licensee shall not contract with third parties to perform the acts stated in Article (3) of
these Instructions, unless agreed otherwise.

Article (7)

'l'he registration application shall be submitted to the Registrar according to form No. (l)
attached to these Instructions indicating payment offees and wages.

Article (8)

In case the registration application has been accepted, the Registrar shall record the
following information in the Register:


a-The application date and number.
b-The patent date, number, and its type.
c-The term of protection and its expiration,
d-Title of the invention.
e-Name of the patentee or the proprietor.


f-Nationality of the patentee or the proprietor.
g-Name of transferor.
i-Address of the transferor.
j-Nationality of the transferor.
k-Granting compulsory license.
l-Mortgage.
m-Seizure
n- Name ofagent and his address.
o- Renewal and the number ofyears when the patent has been renewed including the
numbers and dates of the receipts evidencing payment ofl fees



Article (9)

The Registrar shall keep the necessary records to regulate the business ofpatent
concerning renewal ofpatent, its period, publication ofpatent, transfer ofownership, and
any other matter considered important to keep in the records.

Afticle ( l0)

After recording the information stated in Article (8) ofthese Instructions, the Registrar
shall issue the patent according to form (1) attached to these Instructions.

A(icle (ll)

The Registrar shall publish in the bulleting the following:

a-The decision to grant the patent including the name and address of the patentee,
number ofthe patent, date ofapplication, date ofgranting the patent, and title and
summary of the invention.
b-Any amendment to the invention descriptions.
c-Transfer of ownership ofthe patent, mortgage, seizure, and any other legal act.
d-The decision to grant a compulsory license to exploit the invention.
e-The decision to forfeit the patent.
f-Expiration of the term of protection, revooation, or cancellation of the patent.
g-Renewal of patent registration.


Article ( I 2)

lndustrial Model-Any two dimensional form, whether associated with lines or colors
which gives a special appearance that may be used for industrial or handicraft purposes.

Article ( I 3)

a-An Industrial model shall be new if it has not been disclosed or of its exploitation prior
to filing the registration application.
b-An industrial design shall rrot considered new if it is not distinguished lrom other
substantial difference, and the difference in the type of commodities shall not be
considered distinction for this purpose.

Article ( l4)

The Organization shall grant, after meeting the requirements set forth in these Instruction
to accept an industrial model and payment ofthe required fees, a certificate of industrial
model registration. A copy ofthe certificate of industrial model registration shall be

retained in the Register and shallbe published in the bulletin.


Article ( | 5)

The registration application ofan industrial model shall be present according to form No.

(2) attached to these lnstructions.
Article ( l6)

The Registrar, in case he accepted the application, shall record the following information
in the special Register:

a-Number of application.
b-Date of application.
c-Type.
d-Number of industrial model registration.
e- Date of industrial model registration.
f- Name of the owner of the industrial model.
g-Address ofthe owner ofthe industrial model.
h-Nationality o1'the owner of the industrial model.
i-Summary of the industrial model,
j-Copy of the industrial model.


Article ( l7)

The Register shall issue, after recording the necessary information about the industrial
model in the special Register, a certificate according to form No. (2) attached to these
instructions.

Article ( I 8)

The Register shall publish in the bulletin an announcement ofthe accepted and registered
industrial models which includes a copy ofthe industrial model, date ofacceptance, its
registration, and the name and address ofthe owner ofthe industrial model. The Register
shall also publish an announcement ofthe transfer ofownership ofthe industrial model,

its cancellation, and any change occurs.

Article ( l9)

a-All applications and documents, which must be written in Arabic, related to patents

and industrial models shall be addressed to the Registrar at the Central Organization of
Standards and Quality Control
b-Details and explanations related to patents and industrial models must be written in
Arabic. However, ifthese details and explanations are written in another language, then

an Arabic translation must be attached.
c- The applicant shall receive a receipt indicating that the application has been received,
date ofreceiving the application, name and address ofthe applicant, and title ofthe


invention or industrial model.


Article (20)

All patents, certificates, documents, and papers related thereto shall be addressed to their
owners according to their addresses.
Article (21)
No applications for registration ofinventions or industrial models shall be filed by a


person outside Iraq but through agents authorized by law.
Article (22)
a-Patents shall be classified according to Schedule No. (l) attached to these Instructions.


b- Industrial Models shall be classified according to Schedule No. (2) attached to these
Instructions.

Article (23)
Instructions for the implementation of Patent Industrial Models Law No. (l ) for the year
1990 shall be cancelled.


Article (24)
These Instructions shall be implemented as ofthe date ofpublication in the Official
Gazette.