Kuwait

Country Data

Particulars Details
Official Name State of Kuwait
Capital Kuwait City
Area 17,818 sq. km
Population 5,026,000 (2025 estimate)
Official Language Arabic
GDP US$163.705 billion (2025 estimate)
Currency Kuwaiti Dinar (KWD)
Work Days Sunday – Thursday

Conventions/ Treaties

  • Paris Convention (effective since December 2, 2014)
  • WIPO Convention (effective since July 14, 1998)
  • Patent Cooperation Treaty (PCT) (effective since September 9, 2016)
  • Berne Convention (effective since December 2, 2014)
  • TRIPS Agreement / WTO (effective since January 1, 1995)
  • Gulf Cooperation Council (GCC) – Kuwait is a member of the GCC and is subject to the GCC intellectual property frameworks applicable in Kuwait.
National Legislation
  • Law No. 13 of 2015 approving the Trademark Law of the Cooperation Council for the Arab States of the Gulf (GCC Trademark Law).
  • Ministerial Decision No. 500 of 2015 approving the Implementing Regulations of the GCC Trademark Law in Kuwait. The Implementing Regulations entered into force in Kuwait on December 28, 2015.
  • The earlier trademark provisions in Commercial Law No. 68 of 1980, as amended, continue to be relevant in areas not superseded by the GCC Trademark Law
Basic Information
Particulars Details
Creation of rights First-to-file system, subject to statutory protection for prior users and well-known marks.
Basis for filing Use is not a prerequisite for filing or maintaining a registration. However, a registration may be vulnerable to cancellation where the mark has not been seriously used for 5 consecutive years.
Well-known marks Well-known marks receive enhanced protection under the applicable trademark legislation.
Types of marks Trademarks, service marks, collective marks and other marks recognized under the GCC Trademark Law. Sound and smell marks are also contemplated under the modern GCC framework.
Priority 6-month priority may be claimed under applicable international conventions.
Madrid System Not available. Kuwait is not a member of the Madrid Protocol.
Filing system Single-class filing is the prevailing Kuwait filing practice.
Classification Nice Classification, currently applied through the GCC Trademark framework. Kuwait is, however, not a member of the Nice Agreement itself.
Limitation Registration of Class 33 is not permitted. Alcoholic goods in Class 32 and pork meat in Class 29 are also excluded/restricted under the applicable Kuwaiti/GCC trademark practice.
Who can be Applicant Individuals and corporate/business entities.
Examination Applications are examined as to formal requirements and registrability, including absolute and relative grounds. The initial examination is expected to be completed within 90 days of filing under the Implementing Regulations.
Publication Accepted applications are published through the applicable Official Gazette / trademark publication system for opposition purposes.
Opposition period 60 days from publication. The opposition period is non-extendable.
Duration of registration 10 years from the filing date, renewable for further periods of 10 years.
Renewal period Renewal may be requested during the last year of the protection period.
Renewal grace period 6 months after expiry, subject to the applicable late-renewal fee.
Use requirement A trademark registration is vulnerable to cancellation if the mark has not been seriously used for 5 consecutive years.
Registration timeframe (straightforward case) Approximately 6–12 months, depending upon examination, publication and whether an opposition is filed.
Search
Particulars Details
Official Search Trademark searches are available through the Kuwait Trademark Office’s internal database.
Scope of search Includes existing applications and registrations maintained by the Kuwait Trademark Office
Turnaround time Dependent on the type of search and the applicable services
Ways to obtain protection
  • Filing of a national trademark application in Kuwait, with or without a priority claim

Documentary Requirements

New Applications
  1. Power of Attorney from the applicant, signed and notarized/legalized up to the Kuwaiti Consulate.
  2. Particulars of the applicant, including name and address.
  3. Representation of the trademark, where applicable.
  4. Specification/list of goods and/or services to be covered.
  5. Certified copy of the priority document, if priority is claimed, together with the required translation where applicable.

 

Renewal of Registration
  1. Power of Attorney from the applicant, signed and notarized/legalized up to the Kuwaiti Consulate.
  2. Details/certificate of the trademark registration.
Change of Name / Address Recordation
  1. Power of Attorney from the applicant, signed and notarized/legalized up to the Kuwaiti Consulate.
  2. Change of Name / Address document – duly legalized up to the Kuwaiti Consulate
Assignment Recordation
  1. Power of attorney from the Assignee – duly notarized and legalized up to the Kuwaiti Consulate.
  2. Deed of Assignment, duly signed by both the assignor and the assignee – notarized/ legalized up to the Kuwaiti Consulate.
  3. A copy of certificate of registration of the mark.
Merger Recordation
  1. Power of attorney from the surviving entity – duly notarized and legalized up to the Kuwaiti Consulate.
  2. Merger document – duly legalized up to the Kuwaiti Consulate.
  3. A copy of certificate of registration of the mark.
License Recordation
  1. Powers of attorney from the Licensor and the Licensee – duly notarized and legalized up to the Kuwaiti Consulate.
  2. License agreement, duly signed by both the parties – notarized/ legalized up to the Kuwaiti Consulate.
  3. A copy of certificate of registration of the mark.
National Legislation
  • Law No. 4 of 1962 on Patents, Designs and Industrial Models, as amended by Law No. 3 of 2001.
  • The 2001 amendment substantially revised the patent framework, including the patent term and provisions concerning utility models.
  • Law No. 71 of 2013 approving the Patent Law of the Cooperation Council for the Arab States of the Gulf is also relevant to the regional patent framework
Ways to obtain patent protection:
  1. National filing in Kuwait.
  2. PCT national phase application
  3. Paris Convention filing with a priority claim.
Basic Information
Particulars Details
Claims admissible for Product and process inventions.
Novelty requirement Novelty is required. Kuwait’s patent legislation contains specific provisions concerning prior public use and publication.
Convention priority 12 months under the Paris Convention.
PCT national phase entry deadline 30 months from the applicable priority date.
Filing language Arabic is the official language for Kuwaiti patent proceedings; English documentation may be required with an Arabic translation.
Search Patent information may be searched through the Patent and Trademark Department and applicable international databases.
Examination The current Kuwait patent system has experienced a substantial administrative/examination backlog. The Kuwait Government’s current service page states that patent registration has not yet been fully implemented, and that the procedure will change once registration, publication and opposition procedures are operational.
Publication The Government currently states that patent applications are not yet proceeding through the full registration/publication process. Once the registration process is operational, publication and opposition procedures will apply.
Opposition period No operative fixed opposition period can presently be stated for ordinary Kuwaiti patent applications because the Government’s current service description indicates that the registration/publication/opposition stage has not yet been fully activated.
Protection term (patent) 20 years from the filing date under the amended Article 12.
Protection term (utility model) 7 years from filing, generally without renewal.
Annuity/maintenance Patent maintenance fees are payable under the applicable patent framework; current practice has been affected by the fact that patent examination and grant procedures remain substantially backlogged.
Grace period for late annuity payment Subject to the applicable patent regulations and current administrative practice.
Working/Compulsory License The Kuwaiti patent legislation contains provisions concerning compulsory licensing and exploitation of inventions where the statutory conditions are met.
Patent grant timeframe (straightforward case) No reliable fixed timeframe is presently available. The Kuwait Government currently indicates that patent registration has not yet been fully implemented and that applications are presently being handled pending the commencement of the full registration/examination process.
Requirements

  1. Patent specification, claims, drawings (if any), and abstract in English and Arabic.

  2. Certificate of incorporation or excerpt from the commercial register related to the applicant company.

  3. Assignment of invention and priority rights, executed by the inventor(s) if the applicant is not the inventor, duly notarized and legalized up to the Kuwaiti Consulate.

  4. A duly certified copy of priority document, if priority is claimed (not required for PCT national phase applications).

For PCT National Phase Application

The following items would also be required:

  1. A copy of International Publication with patent specification, claims, drawings, and abstract.

  2. A copy of International Search Report and Preliminary Examination R

National Legislation
  • Law No. 4 of 1962 on Patents, Designs and Industrial Models, as amended by Law No. 3 of 2001.
  • Patents, Designs and Industrial Models Regulations No. 15 of 1965
Ways to obtain protection for design:
  1. National filing in the Kuwait
  2. Application with priority claim under the Paris Convention
  3. A GCC Patent Office route should not be confused with an international design registration route
Basic Information
Particulars Details
Types of designs Drawings and industrial models.
Definition A design/industrial model includes an arrangement of lines or a shape of a body, with or without colours, intended for use in industrial production by mechanical, manual or chemical means.
Novelty Novelty is a requirement for design protection.
Multiple designs An application may contain up to 50 designs or models, provided they form a homogeneous unit.
Convention priority 6-month priority may be claimed for designs under the Paris Convention.
Locarno Classification Kuwait is not a member of the Locarno Agreement.
Examination Applications are subject to examination for compliance with the applicable registration requirements. Current administrative practice has involved delays in examination and issuance of certificates.
Publication Registration is to be published in accordance with the Implementing Regulations.
Opposition The legislation provides for publication and related third-party procedures; however, current administrative practice should be checked at the time of filing because design registration procedures have historically experienced delays.
Protection term 10 years from the filing date, with the possibility of a further 5-year renewal.
Renewal Renewal should be requested during the last year of the protection period.
Grace period The legislation provides for notification following expiry and cancellation where renewal is not requested within the prescribed post-expiry period.
Registration timeframe (straightforward case) No reliable fixed timeframe can presently be given because of the administrative backlog affecting design processing.
Requirements
  1. Completed application for registration of the industrial design/model.
  2. Two copies/representations of the industrial design or model.
  3. Brief description of the design, where required.
  4. Power of Attorney/authorization for foreign applicants, duly authenticated/legalized.
  5. Certificate of incorporation, commercial register extract, memorandum/articles of association for corporate applicants.
  6. Civil ID for individual applicants, where applicable.
  7. Arabic translation of the authorization/documentation where required.
  8. Certified priority document, if priority is claimed
National Legislation
  • Law No. 75 of 2019 on Copyright and Related Rights.
  • Law No. 75 of 2019 replaced the earlier Law No. 22 of 2016 on Copyright and Related Rights
Basic Information

  • Works protected: Copyright protection covers original literary, artistic and scientific works, irrespective of their form or mode of expression.

  • Protected works include, among others:

    • Written works and books;

    • Oral works;

    • Musical compositions;

    • Dramatic and dramatic-musical works;

    • Audiovisual works;

    • Drawings, paintings and sculpture;

    • Architectural works;

    • Applied-art works;

    • Photographic works;

    • Computer programs and other protected works recognized by the Copyright Law.

  • Automatic protection: Copyright protection arises automatically upon creation of a qualifying work and does not depend upon registration.

  • Exceptions to copyright protection: The Copyright Law excludes, among other things, Mere ideas, procedures, methods of work/operation, mathematical concepts, principles, abstract facts, discoveries and data; Official legislative, administrative and judicial texts and their translations; Daily news and events that constitute merely press information; Certain speeches and pleadings made in judicial proceedings; Single words, short phrases, lists, symbols and familiar designs, subject to the statutory provisions concerning creative compilations.

  • Duration of copyright: The author’s economic rights are protected during the life of the author plus 50 years, calculated from January 1 of the year following the author’s death.

  • Joint works: Protection generally continues for the lifetime of the authors and 50 years after the death of the last surviving author.

  • Collective and audiovisual works: Generally protected for 50 years from the first publication, subject to the specific rules in the Copyright Law.

  • Anonymous/pseudonymous works: Generally protected for 50 years from the first publication, subject to the statutory rules concerning identification of the author.

  • Photographic and applied-art works: Generally protected for 50 years in accordance with the special provisions of Article 23.

  • Registration: Copyright protection is automatic and registration is not a prerequisite to protection. Kuwait nevertheless operates a deposit/depository system for copyrighted works through the Kuwait National Library, which can provide useful evidentiary and administrative benefits.

  • Registration timeframe: No fixed statutory registration timeframe comparable to the UAE’s three-working-day timeframe applies. Copyright protection itself arises automatically upon creation.

Requirements
  1. Power of Attorney from the applicant – duly notarized and legalized up to the Kuwaiti Consulate;
  2. Assignment deed executed by the author in favor of the applicant, duly notarized and legalized up to the Kuwaiti Consulate, if the applicant is not the author.

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