IP/Legal Practice In Bahrain

Like that in other countries, Invention in Bahrain will be capable of protection if it involves novelty, inventive steps, and is industrially capable. The pre-condition to the protection of invention in Bahrain, as stated, remains same as in the other countries. Moreover, those inventions, which are contrary to morals or public order, scientific theories, mathematical methods, plants and animals, and methods of treatment will not be granted protection as per the local laws.

For the purpose of registration, an inventor can enter Bahrain from three ways. First, entry through a national filing at the Bahrain Industrial Property Office, if appropriate claiming priority under the Paris Convention from an earlier application. The process remains the same as that of entry in different other countries. Secondly commonly used process is that of a national phase entry following an international filing via the Patent Cooperation Treaty (PCT). Thirdly, the entry via the Gulf Cooperation Council (GCC) Patent Office as a GCC Patent.  The GCC Patent Law, which was approved in 1992, was implemented in Bahrain by way of Law No. 6 of 2014 meaning that patents granted by the GCC Patent Office are applicable in Bahrain.

For taking the route of GCC, there is no requirement of designating member states of interest (either at the time of filing or at the time of grant) or validating a granted patent in the member states of interest. Interestingly, despite not being the signatory of Paris Convention, the applicant may claim priority to an earlier filed application.

The patent filed in the Bahrain must be in Arabic. In case, the patent is not in Arabic, then a translation is required which is certified locally in Bahrain. The important documents required for filing the same are

• the applicant’s and inventor’s details;
• the specification (title of the invention, claims, abstract);
• drawings (if any);
• a copy of the priority document;
• a copy of the signed power of attorney;
• payment of the filing fee.

A simply signed power of attorney can be filed at the time of filing. Nevertheless, Within 90 days after the filing date, further supporting documents must be filed:

• the notarised and legalised copy of the Power of Attorney;
• a copy of the applicant's Certificate of Incorporation or an extract from the commercial register, legalised up to the Bahraini Embassy;
• a notarised and legalised Deed of Assignment; and
• A certified copy of the priority document (if claimed), translated into English and Arabic.