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

GENERAL INFO
RO
BIO
NATIONAL CHAPTER

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: National Intellectual Property Office (Ministry of Commerce, Industry and Investment Promotion) (Oman)

IPRL: Industrial Property Rights Law (promulgated by Royal Decree No. 67/2008)

IPRR: Regulation No. 105/2008 under the Law on Industrial Property Rights and their enforcement for the Sultanate of Oman

List of currencies used in this document:

OMR (Omani rial), USD (US dollar)

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)
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:

Oman

Two-letter code:

Name of Office:

National Intellectual Property Office (Ministry of Commerce, Industry and Investment Promotion) (Oman)

Location:

Way 3505
Ruwi 112
Muscat
Oman

Mailing address:

P.O. Box 550
Muscat
Oman

Telephone:

(968) 2477 4126

E-mail:

oman-ip-dep@moci.gov.om

Website:

https://www.tejarah.gov.om

Facsimile:

(968) 2481 2030

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

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

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:

IB,

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:

Patents

Utility models

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 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.

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

Yes, refer to Annex L.

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

Oman

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,

English

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,

English

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 2 June 2016, pages 107 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)?

Yes, the Office applies both the “unintentional” and the “due care” criteria to such requests

Competent International Searching Authority:

AT,

AU,

EG,

EP,

Competent International Preliminary Examining Authority:

AT,

AU,

EG,

EP ¹,

US ²

Fees payable to the receiving Office:

Transmittal fee:

40 OMR

International filing fee:

Equivalent in OMR of 1,435 USD

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

Fee per sheet in excess of 30:

Equivalent in OMR of 16 USD

Reductions (under Schedule of Fees, item 4):

Electronic filing (the request in character coded format):

Equivalent in OMR of 216 USD

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

Equivalent in OMR of 324 USD

Search fee:

Refer to
Annex D(AT)
Annex D(AU)
Annex D(EG)
Annex D(EP)
Annex D(US)

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

70 OMR

Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):

200 OMR

Is an agent required by the receiving Office?

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

Who can act as agent?

Any attorney or lawyer registered to practice in Oman

Waiver of power of attorney:

Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).

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

Particular instances in which a separate power of attorney is required:

Not applicable

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

Particular instances in which a copy of a general power of attorney is required:

Not applicable

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices

Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

For a list of these institutions refer to:

http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf

Notifications related thereto may be consulted under:

http://www.wipo.int/treaties/en/registration/budapest/

Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:

http://www.wipo.int/budapest/en/guide/index.html

Time (if any) earlier than 16 months from priority date by which applicant must furnish:

— the indications prescribed in Rule 13bis.3(a)(i) to (iii):

None

— any additional indications:

None

Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:

None

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:

Under PCT Article 22(1): 30 months from the priority date
Under PCT Article 39(1)(a): 30 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: Request, description, claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19), any text matter of drawings, abstract

Under PCT Article 39(1): Request, description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)

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

National fees:

The amount in parentheses is applicable in case of filing by an individual

Patents

Filing fee:

300 OMR

(200 OMR)

Utility models

Filing fee:

300 OMR

(200 OMR)

Exemptions, reductions or refunds of fees:

For further details, refer to Ministerial Resolution No. 206/2018 of 18 October 2018.

For a period of five years from the date of submission of the application, fees for industrial property rights services are reduced by 90% where the international application is filed by a researcher in a research center or a student of a school, college or university, and by 50% where the application is filed by a small enterprise

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

Name and address of the inventor if they have not been furnished in the “Request” part of the international application ³ ⁴

Declaration justifying the applicant’s right to the patent where the applicant is not the inventor ³ ⁴

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)

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

Power of attorney if an agent is appointed

Translation of the international application to be furnished in three copies

Copy of extract from the commercial register where the inventor is a company

Declaration concerning non-prejudicial disclosures or exceptions to lack of novelty, such as disclosures resulting from abuse, disclosures at certain exhibitions and disclosures by the applicant during a certain period of time ³ ⁴

Who can act as agent?

Any patent agent registered before the Office

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

Yes, the Office applies the “due care” criterion to such requests

The procedure in the national Phase

OM.01 LANGUAGE OF PROCEEDINGS

IPRR Art. 3(1)
The language of proceedings is Arabic.

OM.02 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).

OM.03 FEES (MANNER OF PAYMENT)

The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex OM.I.

OM.04 ANNUAL FEES

IPRL Art. 12(2)
Annual fees are payable in advance for each year, starting one year after the filing date of the application. In case of failure to pay the applicable fee within the required time limit, the payment may be made within an additional time limit of six months upon payment of a surcharge for late payment. If the fee is not paid within the additional time limit, the application or the patent shall be deemed to have been withdrawn. The amounts of the annual fees are indicated in Annex OM.I.

OM.05 APPOINTMENT OF AN AGENT

IPRL Art. 95(1), IPRR Art. 5(1)
If the applicant is not resident in Oman, an agent shall be appointed by filing a power of attorney, signed by the applicant. If the power of attorney is not filed within 60 days from the date of filing of the application, the application will be considered null and void.

OM.06 EXAMINATION

IPRL Art. 9(5)(a), IPRR Art. 40(11)(d)
Examination must be requested within 60 days from the entry into the national phase, or 36 months from the date of filing of the international application, whichever expires later.

The request for examination is only effective if a fee for requesting examination has been paid. The amount of the fee is indicated in Annex OM.I.

OM.07 AMENDMENT OF THE APPLICATION

IPRL Art. 6(2), IPRR Art. 40.6(d)
The applicant may, at any time until the date of the request for examination, make amendments to his application, provided that the amendment does not go beyond the original disclosure. The amount of the fee is indicated in Annex OM.I.

OM.08 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Art. 24(2), PCT Art. 48(2), PCT Rule 82bis
Reference is made to paragraphs 6.022 to 6.027 of the National Phase.

OM.09 REVIEW UNDER ARTICLE 25 OF THE PCT

IPRR Art. 40(12)(a), PCT Art. 25, PCT Rule 51
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. The applicant must submit the international application and accompanying documents in Arabic, with the payment of the applicable fee, within 60 days from the date of the notice of the decision.

OM.10 RESTORATION OF THE RIGHT OF PRIORITY

PCT Rule 49ter.2
A request for restoration of the right of priority is allowed if the Office is satisfied that the failure to file the application within the 12-month priority period occurred in spite of due care required by the circumstances. The request for restoration of the right of priority must state the reasons for the failure to comply with the priority period.

OM.11 REINSTATEMENT OF RIGHTS

IPPR Art. 40(10)
Where the international application is considered withdrawn, the Office shall reinstate the rights of the applicant with respect to that international application upon request by the applicant, provided the Office finds that the failure to meet the time limit occurred in spite of due care required by the circumstances having been taken. The request for reinstatement of rights must be submitted to the Registrar no later than 90 days from the date on which the application was considered withdrawn and the applicable fee must be paid.

OM.12 UTILITY MODEL

If the applicant wishes to obtain a utility model on the basis of an international application instead of a patent in Oman, the applicant, when performing the acts referred to in PCT Article 22 or 39(1), shall so indicate to the designated Office.

OM.13 CONVERSION

IPRL Art. 18(1)
An international application for a patent may be converted into a utility model, and vice-versa, after the applicant has complied with the requirements for entry into the national phase. Conversion may be requested at any time up to the grant or refusal of the patent or the utility model, upon payment of a fee.

Annexes

Annex OM.I - Fees

The amount in parentheses is applicable in case of filing by an individual.

Patents

Filing fee

300 OMR

(200 OMR)

Request for examination fee

300 OMR

Fee for amendment

100 OMR

Fee for issuance of patent certificate

1,000 OMR

(500 OMR)

Fee for publication

50 OMR

Annual fees:

— for the 2^nd year

200 OMR

(100 OMR)

— for the 3^rd year

300 OMR

(150 OMR)

— for the 4^th year

400 OMR

(200 OMR)

— for the 5^th year

500 OMR

(250 OMR)

— for the 6^th year

600 OMR

(300 OMR)

— for the 7^th year

700 OMR

(350 OMR)

— for the 8^th year

800 OMR

(400 OMR)

— for the 9^th year

900 OMR

(450 OMR)

— for the 10^th year

1,000 OMR

(500 OMR)

— for the 11^th year

1,100 OMR

(550 OMR)

— for the 12^th year

1,200 OMR

(600 OMR)

— for the 13^th year

1,300 OMR

(650 OMR)

— for the 14^th year

1,400 OMR

(700 OMR)

— for the 15^th year

1,500 OMR

(750 OMR)

— for the 16^th year

1,600 OMR

(800 OMR)

— for the 17^th year

1,700 OMR

(850 OMR)

— for the 18^th year

1,800 OMR

(900 OMR)

— for the 19^th year

1,900 OMR

(950 OMR)

— for the 20^th year

2,000 OMR

(1,000 OMR)

Fee for restoration of the right of priority

100 OMR

Fee for reinstatement of rights

50 OMR

Fee for conversion of an application from a patent into an application for a utility model

100 OMR

Utility models

Filing fee

300 OMR

(200 OMR)

Fee for issuance of utility model

500 OMR

(250 OMR)

Annual fees:

— for the 2^nd year

200 OMR

(100 OMR)

— for the 3^rd year

300 OMR

(150 OMR)

— for the 4^th year

400 OMR

(200 OMR)

— for the 5^th year

500 OMR

(250 OMR)

— for the 6^th year

600 OMR

(300 OMR)

— for the 7^th year

700 OMR

(350 OMR)

— for the 8^th year

800 OMR

(400 OMR)

— for the 9^th year

900 OMR

(450 OMR)

— for the 10^th year

1,000 OMR

(500 OMR)

Fee for conversion of a utility model application into an application for a patent

100 OMR

How can payment of fees be effected?

The payment of fees should be effected in Omani rial. All payments must indicate the application number (national, if already known; international, if the national application number is not yet known), the name of the applicant and the type of fee being paid.

Forms

Please refer to the Office.

Notes:
¹ ^aThe Office is competent only if the international search is or has been carried out by that Office or the Austrian Patent Office.
² ^aThe Office is competent only if the international search is or has been carried out by that Office.
³ ^a ^b ^cThis requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
⁴ ^a ^b ^cIf 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.

Processing

OM - Oman
National Intellectual Property Office (Ministry of Commerce, Industry and Investment Promotion) (Oman)

Useful information

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Annex C - Receiving Office

Annex L - Deposits of Microorganisms and Other Biological Material

National Phase

Summary of requirements for entry into the national phase

The procedure in the national Phase

Annexes

Processing

OM - Oman National Intellectual Property Office (Ministry of Commerce, Industry and Investment Promotion) (Oman)

Error Information Warning Confirmation

OM - Oman
National Intellectual Property Office (Ministry of Commerce, Industry and Investment Promotion) (Oman)