PCT Applicant's Guide Egypt - Valid as from 15 Sep 2023

GENERAL INFO
RO
ISA
IPEA
NATIONAL CHAPTER

Applicable as from 15 September 2023

(published on 15 September 2023)

Summary of latest changes in this version
From now on, you will find here a summary of changes to each new version of the PCT Applicant's Guide, as well as the detailed list of these changes. Moreover, you can now easily access the historical versions of the Guide.

ISA: ISA fees

Consult the full list of the changes

Advance notice: The Office has notified the IB of changes entering into force soon; you can already consult the changes that will be effective from 1 Oct 2023.

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: Egyptian Patent Office

Law: Egyptian Law No. 82 of 2002 on the Protection of Intellectual Property Rights

Regulations: Implementing Regulations of Law No. 82 of 2002 on the Protection of Intellectual Property Rights

List of currencies used in this document:

CHF (Swiss franc), EGP (Egyptian pound), EUR (Euro), 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

PCT Reservations, Declarations, Notifications and Incompatibilities

The Office does not have any reservations, declarations, notifications or incompatibilities.
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:

Egypt

Two-letter code:

Name of Office:

Egyptian Patent Office

Location:

101 Kasr Al Ainy St.
Cairo
Egypt

Mailing address:

P.O. Box 11516
Cairo
Egypt

Telephone:

(202) 792 22 03
(202) 792 12 72
(202) 792 12 92
(202) 792 12 74

E-mail:

patinfo@egypo.gov.eg

Website:

http://www.egypo.gov.eg

Facsimile:

(202) 279 21 273

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

Does the Office send notifications via e-mail in respect of international applications?

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:

EG,

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 of three months from the date of 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:

Egypt

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 21 September 2017, pages 132 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 the “due care” criterion to such requests

Competent International Searching Authority:

AT,

EG,

EP,

Competent International Preliminary Examining Authority:

AT,

EG,

EP ¹,

US ²

Fees payable to the receiving Office:

Transmittal fee:

142 USD

International filing fee:

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:

16 USD

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):

216 USD

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

324 USD

Search fee:

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

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

30 USD

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

individuals and research institutes

800 EGP

companies less than 10 employees

1,000 EGP

companies over 10 employees

1,500 EGP

Is an agent required by the receiving Office?

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

Who can act as agent?

Any patent attorney or patent agent registered before the Office

Waiver of power of attorney:

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

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

Annex D - International Searching Authority

International Searching Authority competent for the following Receiving Offices:

DJ,

EG,

IQ,

OM,

QA,

SA,

SD,

Search fee (PCT Rule 16):

121 CHF

4,000 EGP

121 EUR

132 USD

This fee is payable to the receiving Office in the currency or one of the currencies accepted by it.

This fee is reduced by 25% where the applicant, or, if there are two or more applicants, each applicant is a natural person or a legal entity and is a national of and resides in a State which is classified by the World Bank in the group of countries of “low income”, “lower middle income” or “upper middle income”

Additional search fee (PCT Rule 40.2):

4,000 EGP

This fee is payable to the International Searching Authority and only in particular circumstances.

Fee for copies of documents cited in the international search report (PCT Rule 44.3):

The applicant receives, together with the international search report, a copy of each document cited in the report, free of charge

Additional copies may be ordered

per document 50 EGP

Fee for copies of documents contained in the file of the international application (PCT Rule 94.1ter):

— for the first 30 pages

200 EGP

— for each additional page

plus 3 EGP

Protest fee (PCT Rule 40.2(e)):

1,600 EGP

Late furnishing fee (PCT Rule 13ter.1(c)):

200 EGP

Conditions for refund and amount of refund of the search fee:

Money paid by mistake, without cause, or in excess, will be refunded

Where the international application is withdrawn or is considered withdrawn, under PCT Article 14(1), (3) or (4), before the start of the international search:
refund of 100%

Where the Authority benefits from an earlier search:
refund of 50% upon request by the applicant

Languages accepted for international search:

For international applications filed with the receiving Office of, or acting for, any member of the League of Arab States (http://www.leagueofarabstates.net/ar/Pages/default.aspx)

Arabic

For international applications filed with any receiving Office other than the receiving Office of, or acting for, any member of the League of Arab States (http://www.leagueofarabstates.net/ar/Pages/default.aspx) and for international applications filed with the receiving Office of, or acting for, any member of the League of Arab States (http://www.leagueofarabstates.net/ar/Pages/default.aspx)

English

Does the Authority accept informal comments on earlier search results where an international application claims priority from an earlier application already searched by this Authority?

Please refer to the Office

Types of physical media accepted for the furnishing of nucleotide and/or amino acid sequence listings:

Diskette, CD-ROM, CD-R, DVD, DVD-R

Subject matter that will not be searched:

The subject matter specified in items (i) to (vi) of PCT Rule 39.1

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 Authority 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 Authority 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 E - International Preliminary Examining Authority

International Preliminary Examining Authority competent for the following Receiving Offices:

DJ,

EG,

IQ,

OM,

QA,

SA,

SD,

Preliminary examination fee (PCT Rule 58):

3,000 EGP

This fee is payable to the International Preliminary Examining Authority

Additional preliminary examination fee (PCT Rule 68.3):

This fee is payable to the International Preliminary Examining Authority and only in particular circumstances

3,000 EGP

Handling fee (PCT Rule 57.1):

216 USD

This fee is payable to the International Preliminary Examining Authority

Fee for copies of documents cited in the international preliminary examination report (PCT Rule 71.2):

How to obtain copies:

The applicant receives, together with the international preliminary examination report, a copy of each additional document not cited in the international search report, free of charge

Additional copies may be ordered

per document 50 EGP

Fee for copies of documents contained in the file of the international application (PCT Rule 94.2):

— for the first 30 pages

200 EGP

— for each additional page

plus 3 EGP

Protest fee (PCT Rule 68.3(e)):

1,600 EGP

Late furnishing fee (PCT Rule 13ter.2):

200 EGP

Conditions for refund and amount of refund of the preliminary examination fee:

Money paid by mistake, without cause, or in excess, will be refunded

In the cases provided for under PCT Rule 58.3:
refund of 100%

If the international application or the demand is withdrawn before the start of the international preliminary examination:
refund of 100%

Languages accepted for international preliminary examination:

For international applications filed with the receiving Office of, or acting for, any member of the League of Arab States:
http://www.lasportal.org/Pages/Welcome.aspx

Arabic

For international applications filed with any receiving Office other than the receiving Office of, or acting for, any member of the League of Arab States and for international applications filed with the receiving Office of, or acting for, any member of the League of Arab States:
http://www.lasportal.org/Pages/Welcome.aspx

English

Subject matter that will not be examined:

The subject matter specified in items (i) to (vi) of PCT Rule 67.1

Waiver of power of attorney:

Has the Authority 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 Authority 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

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: 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): 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:

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

Patents

Filing fee

150 EGP

filing by students 0 EGP

Annual fee for the 2^nd year

20 EGP

filing by students 2 EGP

filing by individuals 10 EGP

Annual fee for the 3^rd year

40 EGP

filing by students 4 EGP

filing by individuals 20 EGP

Examination fee

17,000 EGP

filing by students 0 EGP

Utility models

Filing fee

EGP 100

filing by students 0 EGP

Annual fee for the 2^nd year

20 EGP

filing by students 2 EGP

filing by individuals 10 EGP

Annual fee for the 3^rd year

40 EGP

filing by students 4 EGP

filing by individuals 20 EGP

Exemptions, reductions or refunds of fees:

Reductions of the national fee are indicated under “National fee” above.

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 of two months from the date of receipt of the invitation

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

Translation of the international application to be furnished in three copies 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)

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

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

Who can act as agent?

Any patent attorney or 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

EG.01 FORMS FOR ENTERING THE NATIONAL PHASE

The Office has available a special form for entering the national phase. This form should preferably be used.

EG.02 TRANSLATION (CORRECTION)

PCT Art. 46
Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003).

EG.03 FEES (MANNER OF PAYMENT)

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

EG.04 INVENTOR

Law Art. 6, Law Art., Law Art. 7, Law Art. 8
The indication of the name and nationality of the inventor is required and must be furnished, at the latest, at the time of entry into the national phase. Where the invention is part of the activities of the public or private establishment to which the inventor is attached, the employer shall have the choice either to exploit the invention or to acquire the patent against a fair compensation paid to the inventor, provided that the choice is made within three months from the date of notifying the grant of the patent. In all cases, the invention shall be attributed to the inventor.

EG.05 REQUEST FOR EXAMINATION

Law Art. 16
No special form is needed to request substantive examination, but substantive examination will not take place before full payment of the examination fee. The Office shall examine the patent application and its accompanying documents in order to ascertain that the invention is new, involves an inventive step, is industrially applicable and is in conformity with the provisions of the law.

EG.06 POWER OF ATTORNEY

Regulations Art. 52
An agent must be appointed by means of a separate power of attorney. If the applicant is not resident in Egypt, an Egyptian patent agent shall be appointed to whom all notifications, documentation and submissions shall be sent.

EG.07 AMENDMENT OF THE APPLICATION; TIME LIMITS

PCT Art. 28, PCT Art. 41, Regulations Art. 19, Regulations Art. 20, Regulations Art. 21
The Office may request the applicant by notification, by registered mail with an acknowledgement of receipt, to amend or complete the application to comply with the provisions of the Law and the Regulations. If the applicant fails to comply within three months from the notification, the application will be considered withdrawn. An appeal against the decision that the application has been considered withdrawn may be filed within 30 days from the notification of the decision before a special committee established to examine appeals against decisions made by the Office. The applicant may amend or correct the international application before the publication of acceptance of the application according to the provisions of the law, provided the scope of the subject matter is not thereby broadened.

EG.08 ANNUAL FEES

Law Art. 11, Regulations Art. 34
An annual fee shall be paid as of the second year until the expiration of the patent protection period (refer to Annex EG.I). The Office shall notify the person concerned 30 days before the due date for payment of the annual fee. If the applicant fails to pay by the due date, a surcharge shall be imposed, amounting to 7% of such fees. Failure to pay annual fees or surcharges for a period of one year from the due date shall cause the rights conferred by patents for inventions to lapse and the invention to fall into the public domain.

EG.09 DECLARATION OF ORIGIN

Law Art. 13, Regulations Art. 3.3
Where the application relates to an invention involving plant or animal biological material, traditional medicinal, agricultural, industrial or handicraft knowledge, or cultural or environmental heritage, it shall be accompanied by documentation proving that the inventor has accessed the source from which the material was obtained in a legitimate manner according to the provisions of national law.

EG.10 DEPOSIT OF BIOLOGICAL MATERIAL

Law Art. 13, Regulations Art. 3.4
Where the invention involves biological material, the applicant shall disclose such biological material according to conventional scientific rules, including all necessary information for the identification of the nature, characteristics and uses of such biological material, shall deposit a live culture thereof with a laboratory authorized by decision of the competent minister for scientific research affairs, and shall furnish a certificate to the effect that such deposit was made.

EG.11 INFORMATION ON EARLIER APPLICATIONS

Law Art. 13, Regulations Art. 3.1
The applicant shall, in all cases, provide full data and information on any applications relating to the same invention or its subject matter that he previously filed abroad, including any decisions concerning the status of such applications.

EG.12 SAMPLES

Regulations Art. 14, Regulations Art. 15, Regulations Art. 16, Regulations Art. 17
Depending on the kind of invention, the Office may request that the applicant furnish samples.

EG.13 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Art. 25, PCT Rule 51
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase.

EG.14 EXCUSE OF DELAYS IN MEETING TIME LIMITS

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

EG.15 APPEALS

Law Art. 36, Law Art. 37
A committee established by a decision of the competent minister is empowered to examine appeals against decisions made by the Office in the application of the provisions of the Law. The decision of the committee may be subject to an appeal by the Office or any interested party before the Administrative Tribunal within 60 days from the date of notification of the decision.

EG.16 TRIBUNAL

Law Art. 27
The Administrative Tribunal shall be competent to consider claims relating to patent decisions.

EG.17 UTILITY MODEL

Law Art. 29, Law Art. 30, Law Art. 31
The applicant chooses, upon entry into the national phase, whether to apply for a utility model or for a patent. The choice is made by checking the appropriate box on the national phase entry form.

EG.18 CONVERSION

Law Art. 29
If the Office finds that an invention is novel but lacks inventive step, it must ask the applicant whether the latter wishes to convert the application for a patent to one for a utility model. If the Office finds that an application for a utility model possesses inventive step, it may convert the application to one for a patent.

Annexes

Annex EG.I - Fees

Filing fee for a patent application

150 EGP ⁵

Filing fee for a utility model

100 EGP ⁵

Substantive examination fee

17,000 EGP ⁵

Access to or obtaining a true copy of a patent application

100 EGP

Appeal fee

250 EGP

Request for objecting the grant of a patent.

500 EGP

Patent

Patents ⁶

Annual fees:

— for the 2^nd year

20 EGP

— for the 3^rd year

40 EGP

— for the 4^th year

80 EGP

— for the 5^th year

100 EGP

— for the 6^th year

150 EGP

— for the 7^th year

200 EGP

— for the 8^th year

250 EGP

— for the 9^th year

300 EGP

— for the 10^th year

350 EGP

— for the 11^th year

400 EGP

— for the 12^th year.

500 EGP

— for the 13^th year

600 EGP

— for the 14^th year

700 EGP

— for the 15^th year

800 EGP

— for the 16^th year

900 EGP

— for the 17^th year

1,000 EGP

— for the 18^th year

1,000 EGP

— for the 19^th year

1,000 EGP

— for the 20^th year

1,000 EGP

A surcharge of 7% shall be due for each year of delay

Utility models ⁶

Annual fees:

— for the 2^nd year

20 EGP

— for the 3^rd year

40 EGP

— for the 4^th year

80 EGP

— for the 5^th year

100 EGP

— for the 6^th year

150 EGP

— for the 7^th year

200 EGP

— for the 8^th year

250 EGP

A surcharge of 7% shall be due for each year of delay

Fee for restoration of the right of priority:

— individuals and research institutes

800 EGP

— companies with less than 10 employees

1,000 EGP

— companies with over 10 employees

1,500 EGP

How can payment of fees be effected?

The payment of fees must be effected in Egyptian pounds in cash or by check

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 by the Austrian Patent Office.
² ^aThe Office is competent only if the international search is or has been carried out by that Office.
³ ^aThis requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
⁴ ^aMust be furnished within six months from the date of the invitation by the Office.
⁵ ^a ^b ^cStudents are exempted from paying this fee.
⁶ ^a ^bThe annual fee shall be reduced to 10% for students and it shall be reduced to 50% for individuals or establishments with a maximum staff of 10 persons.

Processing

WIPO - PCT Applicant's Guide EG - Egypt
Egyptian Patent Office

Useful information

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Annex C - Receiving Office

Annex D - International Searching Authority

Annex E - International Preliminary Examining Authority

National Phase

Summary of requirements for entry into the national phase

The procedure in the national Phase

Annexes

Processing

WIPO - PCT Applicant's Guide EG - Egypt Egyptian Patent Office

Error Information Warning Confirmation

WIPO - PCT Applicant's Guide EG - Egypt
Egyptian Patent Office