Patents

International Arrangements:

  • Paris Union (from 14 June 1965)
  • WIPO (from 5 June 1971)
  • PCT (from 10 December 2001)
  • Validation of European Patents

Types of Patents Available:

  • Patents of Invention
  • National Phase PCT application
  • Validation of European patents - (Under the validation system, anyone filing a European patent application is now able to request validation for Tunisia against a payment of a validation fee. European applications and patents validated for Tunisia will have the same legal effects there as Tunisian ones, and will be subject to Tunisia patent law)

Novelty Requirement:

Absolute novelty is required.

Patentability:

Pharmaceutical compositions are not patentable.

Filing Requirements:

National Phase PCT Application:

  • Power of Attorney (simply signed) (can be late filed, no set deadline)
  • Specification, claims and abstract in English, Arabic or French (required on the day of filing)
  • Formal drawings, if applicable (required on the day of filing)
  • International Patent Classification (can be late filed, no set deadline)
  • Copy of Published International Application (required on the day of filing)
  • Copy of International Search Report (can be late filed, no set deadline)
  • Copy of International Preliminary Report on Patentability (can be late filed, no set deadline)

Patents of Invention (non-PCT):

  • Power of Attorney (simply signed) (can be late filed)
  • Specification, claims and abstract in English, Arabic or French (required on the day of filing)
  • Formal drawings, if applicable (required on the day of filing)
  • Assignment of Priority Rights (can be late filed, no set deadline)
  • Priority document (with verified translation into language in which the application was filed) (can be late filed within three months)

Validation of European patents:

  • The text of the European patent or the required translation must be filed before the Tunisian Patent Office within a period of three months from the date of publication of the mention of grant of the European patent
  • An official fee for registering the European patent must be paid within a period of three months from the date of publication of the mention of grant of the European patent in order for the European patent to be fully effective in Tunisia, with the same effect as for a National Tunisian patent

Grant:

The term of a patent is twenty years from the filing date.

Renewal:

Renewal fees fall due annually commencing on the first anniversary of the filing date.

Printable Version

download