What is Patent?

The term patent usually refers to an exclusive right granted to anyone who invents any new, useful, and non-obvious process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof, and claims that right in a formal patent application.

A patent is a set of exclusive rights granted by a state (national government) to an inventor or their assignee for a limited period of time, in exchange for the public disclosure of an invention.

The grant and enforcement of patents are governed by national laws, and also by international treaties, where those treaties have been given effect in national laws. Patents are, therefore, territorial in nature.

The procedure for granting patents, the requirements placed on the patentee, and the extent of the exclusive rights vary widely between countries according to national laws and international agreements.

General Information:

In Tunisia once an application for the registration of a patent is filed, it is examined as to form only. The Tunisian Patent Office does not carry out any examination as to novelty or merit of the invention.

A patent application is published in the Official Gazette published by the Institut National de la Normalisation et de la Propriete Industrielle (INNORPI), together with a summary of the contents thereof. The grant of a patent is also published. There are no provisions in the law as to appealing the decisions of the Registrar.

The validity of a patent is twenty years (20) as from filing date. The validity of PCT applications is calculated from the international filing date. Annuities are payable in the anniversary date of filing.

The right to a patent may be assigned or transferred through succession. The assignment of patent applications and granted patents must be made in writing. An assignment shall have no effect against third parties unless it has been entered in the relevant records of the Patent Office.

Working of patents in Tunisia is an official requirement. Working must be effected within four years as of the date of filing or three years as of the date of the grant of the patent.

A search can be conducted only under the title of the invention, the name of the patentee or the priority number.

Currently there are 5550 protected patents in Tunisia.

For further information, please contact us at: patents@cabinet-younsi.com