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Iraq Patent - FAQ

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Iraq - Patent
Frequently Asked Questions

1. Is Iraq a member of Patent Cooperation Treaty and Paris Convention?

Iraq is a member of the Paris Convention but not of Patent Cooperation Treaty.

2. Can convention priority be claimed according to Paris Convention?

YES, within 12 months from the first filing date.

3. Can a patent equivalent search be conducted?

NO.

4. If priority is claimed, will a certified copy of the priority document suffice?

NO, a certified copy of priority document must be duly legalized up to the Iraqi consulate.

5. What is the ground of rejecting the Power of Attorney?

The Registrar will reject the Power of Attorney if the legalization stamp does not appear on the back of the power sheet itself.

6. When annuities are to be paid?

Back annuities are due upon grant; then due annually and calculated based on the submission date of the last supporting document.

7. How long does it take for the letters patent to be issued after the usual acceptance process?

It takes at least 2 to 3 years and this involves additional costs to the applicant.

8. What is the period of protection of a patent? Can it be extended?

20 years from filing date.

9. When can I expect my application to be published?

Applications are published only after grant.

10. Is there any provision for filing opposition?

YES, oppositions may be filed at any time after grant.

11. Is recordal of the assignment necessary?

YES. Recordal is necessary to be effective against third parties, it has to published in the Official Gazette, and duly entered in the relevant records of the Patent Office.

12. In what language should the specification and claims of the patent be filed?

Specifications and details concerning patents shall be submitted in Arabic and if submitted in any other language, Arabic translations must be attached.