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.