PCT Applicant's Guide Algeria EQE - Valid as from 31 Oct 2023

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2023, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.

In case of question, please contact the Office or the International Bureau (pct.guide@wipo.int).

List of abbreviations used in this document:

Office: Algerian National Institute of Industrial Property

Institute: Algerian National Institute of Industrial Property

Ordinance: Ordinance No. 03.07 of 19 Joumada El Oula 1424, corresponding to 19 July 2003, relating to patents for inventions

List of currencies used in this document:

CHF (Swiss franc), DZD (Algerian dinar)

Countries and Offices information:

The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.

Office profile

For more technical information about the Office, refer to ePCT Office profile.

PCT Reservations, Declarations, Notifications and Incompatibilities

Article 64(5), Rule 26bis.3(j), Rule 49ter.1(g), Rule 49ter.2(h)
Refer to the full list.

Office Closed dates

The Office is closed weekly on Friday and Saturday

Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:

Algeria

Two-letter code:

Name of Office:

Algerian National Institute of Industrial Property

Location:

42 rue Larbi ben M’hidi
Algiers
Algeria

Mailing address:

B.P. 403
Alger-Gare
Algeria

Telephone:

(213-21) 73 59 39

E-mail:

e-pct@inapi.org

Website:

http://www.inapi.org

Facsimile:

(213-21) 73 55 81
(213-21) 73 96 44

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

Yes, by facsimile

Which kinds of documents may be so transmitted?

All kinds of documents

Must the original of the document be furnished in all cases?

Yes, within 14 days from the date of the transmission, if the transmitted document is the international application or a replacement sheet containing corrections or amendments of the international application

Yes, within one month from the date of the transmission, for any other document

Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?

Yes, provided that the delivery service is located in Algeria

Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

DZ,

Does national legislation restrict the filing of international applications with foreign Offices?

Refer to the Office

Competent designated (or elected) Office(s) for this State:

Refer to corresponding National Phase.

Types of protection available via the PCT:

Certificates of addition

Patents

Availability under the national law for an international-type search (PCT Article 15):

None

Provisional protection after international publication:

None

Information of interest if this Contracting State is designated (or elected)

Time when the name and address of the inventor must be given:

Must be in the request. If the data concerning the inventor are missing at the expiration of the time limit under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation

Are there special provisions concerning the deposit of microorganisms and other biological material?

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

Algeria

Language in which international applications may be filed:

If the language in which the international application is filed is not accepted by the International Searching Authority (refer to Annex D), the applicant will have to furnish a translation (PCT Rule 12.3).

Arabic,

French

Language accepted for language-dependent free text in the sequence listing:

The Office has not specifically notified the International Bureau of the language that it accepts under PCT Rule 12.1(d).

Same as above

Language in which the request may be filed:

Arabic,

French

Number of copies required by the receiving Office if application filed on paper:

Does the receiving Office accept the filing of international applications in electronic form?

Yes, the Office accepts electronic filing via ePCT-Filing

For the relevant notification by the Office, refer to the Official Notices (PCT Gazette) dated 25 June 2015, pages 104 et seq.

Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the receiving Office”).

Where the international application contains a sequence listing as a separate part of the description, this must be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format. If the receiving Office does not accept international applications in electronic form in such format, the international application will be transmitted to the International Bureau as receiving Office (PCT Rule 19.4(a)(ii-bis)).

Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?

Competent International Searching Authority:

AT,

Competent International Preliminary Examining Authority:

AT,

Fees payable to the receiving Office:

Transmittal fee:

10,000 DZD

International filing fee:

1,330 CHF

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Fee per sheet in excess of 30:

15 CHF

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Reductions (under Schedule of Fees, item 4):

Electronic filing (the request in character coded format):

200 CHF

Electronic filing (the request, description, claims and abstract in character coded format):

300 CHF

Search fee:

Refer to
Annex D(AT)
Annex D(EP)

Fee for priority document (PCT Rule 17.1(b)):

per page 400 DZD

Is an agent required by the receiving Office?

No, if the applicant resides in Algeria
Yes, if the applicant is a non-resident

Who can act as agent?

Any patent attorney or patent agent registered to practice before the Office

Waiver of power of attorney:

Has the Office waived the requirement that a separate power of attorney be submitted?

Refer to the Office

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Refer to the Office

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:

Under PCT Article 22(3): 31 months from the priority date
Under PCT Article 39(1)(b): 31 months from the priority date

Translation of international application required into (one of) the following language(s):

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Arabic

Required contents of the translation for entry into the national phase:

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Under PCT Article 22: Description, claims (if amended, only as amended), any text matter of drawings, abstract

Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, only as amended by the annexes to the international preliminary examination report)

Is a copy of the international application required in particular circumstances?

National fees:

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Filing fee and maintenance fee for the 1^st year

7,500 DZD

Fee for priority claims

per priority 2,000 DZD

Publication fee

5,000 DZD

— Surcharge for each set of 5 pages in excess of 10

1,200 DZD

Maintenance fee:

— from the 2^nd to the 5^th year

per year 5,000 DZD

Exemptions, reductions or refunds of fees:

None

Special requirements of the Office (PCT Rule 51bis):

If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.

Appointment of an agent if the applicant is not resident in Algeria

Instrument of assignment of the international application if the applicant has changed after the international filing date

Document evidencing a change of name of the applicant if the change occurred after the international filing date and has not been reflected in a notification from the International Bureau (Form PCT/IB/306)

Translation of the international application to be furnished in two copies

Who can act as agent?

Any patent attorney or patent agent registered to practice before the Office

Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?

The procedure in the national Phase

DZ.01 FORM FOR ENTERING THE NATIONAL PHASE

The Institute has available a form for entering the national phase (refer to Annex DZ.II). This form should preferably be used.

DZ.02 LANGUAGE OF PROCEEDINGS

The language of proceedings can be either Arabic or French.

DZ.03 TRANSLATION (CORRECTION)

Errors in the translation of the international application can be corrected with reference to the text of the international application as originally filed (refer to National Phase, paragraphs 6.002 and 6.003).

DZ.04 FEES (MANNER OF PAYMENT)

The manner of payment of the fees indicated in this Chapter is outlined in Annex DZ.I.

DZ.05 REPRESENTATION

Ordinance Sec. 20
Any applicant residing outside the national territory of Algeria must designate an agent registered to practice before the Institute. A list of registered agents is available at the Institute.

DZ.06 DEED OF ASSIGNMENT

Ordinance Sec. 36
When the applicant entering the national phase is different from the applicant in the international application, the applicant entering the national phase must produce a deed which authorizes him to enter the national phase. As of the time when the request for national phase entry has become effective, any transfer of property must be inscribed in the Registry of Patents.

DZ.07 AMENDMENT OF THE APPLICATION

PCT Sec. 28, PCT Sec. 41, PCT Rule 52, PCT Rule 78
Amendments are authorized if they are submitted to the Institute within one month of the date of entry into the national phase of the relevant application. The amendments are authorized in conformity with the Treaty and its regulations. Amendments may be made to the description, the claims and the drawings. Amendments must not go beyond the disclosure of the invention.

Ordinance Sec. 26
Beyond the time limit given above, only purely physical errors may be corrected. Such corrections are subject to the payment of a fee for the rectification of physical errors.

DZ.08 EXAMINATION

Ordinance Sec. 31
Patents are granted, without examination, for any applications which have respected the due process. A certificate, established by the competent service, highlighting that the application has respected the due process, is delivered to the applicant and constitutes the patent.

DZ.09 ANNUAL FEES

Ordinance Sec. 9, Ordinance Sec. 54
An annual fee is due each year to keep the patent in force. The annual fees (including the second and third annuities) applying to the years that have passed since the international filing date must be paid, at the latest, upon the date of the third anniversary of the international filing. Payment may still be made within six months from the due date. In cases of late payment, the annual fees will be subject to the payment of a surcharge. The amounts of the annual fees are indicated in Annex DZ.I.

DZ.10 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Sec. 25, PCT Rule 51
The general outline of the applicable procedure is given in paragraphs 6.018 to 6.021 of the National Phase.

DZ.11 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Sec. 24.2), PCT Sec. 48.2)
Reference is made to paragraphs 6.022 to 6.027 of the National Phase.

Annexes

Annex DZ.I - Fees

Patents

Filing fee and 1^st annual fee

7,500 DZD

Fee for priority claims

2,000 DZD

Publication fee

5,000 DZD

Publication fee for each 5 pages in addition to the 10 first pages

1,200 DZD

Publication fee for small format drawings in excess of three

400 DZD

Annual fees:

The surcharge for late payment of the annual fee is equal to the amount of the unpaid annual fee

— for the 2^nd to the 5^th years

per year 5,000 DZD

— for the 6^th to the 10^th years

per year 8,000 DZD

— for the 11^th to the 15^th years

per year 12,000 DZD

— for the 16^th to the 20^th years

per year 18,000 DZD

Fee for restoration

5,000 DZD

How can payment of fees be effected?

The payment of fees can be effected in cash, by check directly at the Institute or by bank transfer into:

Account No.
00200012120326418071

at Banque Extérieure d’Algérie
12 avenue Amirouche
Algiers

Forms

The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.

Annex DZ.II - Request form for entry into the national phase

Processing

DZ - Algeria
Algerian National Institute of Industrial Property

Useful information

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Annex C - Receiving Office

National Phase

Summary of requirements for entry into the national phase

The procedure in the national Phase

Annexes

Processing

DZ - Algeria Algerian National Institute of Industrial Property

Error Information Warning Confirmation

DZ - Algeria
Algerian National Institute of Industrial Property