Patent Oppositions: Perspective from the Patent Offices. Presented by Menna-t-allah M. El Kotamy.

1. Patent Oppositions
Perspectives from Patent Offices
Egyptian Law on the Protection of Intellectual Property Right No. 82 of 2002

2. Article 16
• The Patent Office shall examine the patent application and its annexes in order to
ascertain that the invention is new, involves an inventive step and is industrially
applicable, in conformity with the provisions of Articles 1,2 and 3 of this Law.
• Where the invention satisfies the aforementioned conditions, and where the conditions
provided for in Articles 12 and 13 are fulfilled in the patent application, the Patent Office
shall publish the application acceptance, in the Patent Gazette, in the manner prescribed
in the Regulations.
• Any concerned party may submit to the Patent Office, within 60 days from the publication
of the application acceptance in the Patent Gazette, and according to the procedure
prescribed by the Regulations, a written notice to oppose the granting the patent, stating
the reasons therefor.
• Such an opposition shall be subject to the payment of a fee, to be fixed by the
Regulations, of not less than 100 pounds and not more than 1,000 pounds, which will be
reimbursed in case the opposition is accepted.
• Oppositions shall be examined by the Committee established under Article 36, in
accordance with the conditions and procedures stipulated in the Regulations.

3. Article 17
• The Patent Office shall send to the Ministry of Defence, the Ministry of Military
Production, the Ministry of Interior or the Ministry of Health, as required, copies of
patent applications, with their annexes, that relate to defence, military production,
security matters or that have a military, security or health significance, within 10
days from the examination of the application, notifying the applicant thereof within
7 days.The Minister of Defence, the Minister of Military Production, the Minister of
Interior or the Minister of Health, as might be the case, may, within 90 days from
the date of notification, oppose the publication of the application acceptance.
• Where the acceptance of the application is made public, the competent Minister
may oppose the procedure to grant a patent within 90 days from the date of the
publication, in the Patent Gazette, of the decision to accept the patent
application, if it appears that the application relates to defence, military
production, security or is of military, security or health significance.
• Opposition in the aforementioned cases shall stop the procedure of granting the
patent.

4. Article 28
• The Administrative Tribunal may decide, upon request from the
Patent Officer or an interested party, to add any data to the
Register, which could have been omitted, or to modify any data
included therein which is contrary to the fact or to omit any data
unlawfully inscribed therein.
• The Patent Office, or any interested party, may request the
Tribunal to repeal patents granted in violation to Articles 2 and
3. The said Office shall revoke such patents on receipt of a final
decision

5. Thank You …