Patents

 International Arrangements:

  • Paris Union (from 28 September 1976)
  • WIPO (from 28 September 1976)
  • PCT (from 15 September 2005) - Please note that the law in Libya has not been amended to recognise the PCT. Convention patent applications are  recommended at this time.

Types of Patents Available:

  • Patents of Invention
  • Patents of Addition

Novelty Requirements:

Local novelty only is required. Specifically, novelty is destroyed if, less than fifty years before the date of the application:

  • the invention has been publicly used or published in Libya so as to make the exploitation thereof possible by persons skilled in the art; or
  • the invention is described in a patent filed in Libya before the filing date, or where applicable the priority date, by a person other than the inventor or his assignee.

Patentability:

Inventions relating to foodstuff, medicines or pharmaceutical preparations (excluding the process for making these preparations) are not patentable.

Filing Requirements:

Patents of Invention:

  • Power of Attorney (legalised) (copy of a notarised Power of Attorney required on the day of filing and legalised Power of Attorney can be late filed within two months). 
  • Specification, claims and abstract in English (required on the day of filing)
  • Specification, claims and abstract in Arabic (required on the day of filing)
  • Formal drawings, if applicable, without labelling (required on the day of filing)
  • Formal drawings, if applicable, with full labelling (required on the day of filing)
  • Assignment of Invention (legalised) (can be late filed, within two months)
  • Certificate of Incorporation (legalised) (can be late filed, within two months)
  • Priority document (simple copy) with verified English translation (can be late filed within three months)

Grant:

The term of a patent is ten years for patents in respect of chemical processes relating to foodstuffs, medicines and pharmaceutical preparations and fifteen years for all other patents. For the second mentioned category the patent may in certain circumstances be extended for a further period of five years. A Patent of Addition expires with the main patent.

Renewal:

Renewal fees fall due annually commencing on the date of grant.

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