Innovation - Lab

National Institute for Standardization

And Industrial Property

Patenting procedureOverview

The Protection of Industrial Property

• The protection of industrial property is as ancient as the Paris Convention dated 1883, of which Tunisia is a member.

• The creation of the world Trade Organization (WTO) and the signature of the Convention in January 1995.

• Tunisia reviewed its legislation in order to make it in compliance with the international legislation.

Industrial Property

• In fact, 4 laws have been adopted:☞ Law N° 2000 – 84 dealing with the protection of patents;☞ Law N° 2001-20 dealing with the protection of integrated

circuits;☞ Law N° 2001-21 dealing with the protection of industrial

designs;☞ Law N° 2001-36 dealing with the protection of trademarks as

amended by the law n° 2007-50 of July 23rd 2007

All these laws have been examined by the TRIPS Council in 2001.

THE PROTECTION THROUGH PATENTS

What is a patent ?A patent is a title granted to the owner with a temporally exclusive right to exploit his invention

What is an invention ?

Any invention, which is a product or a manufacturing process can be protected by a patent

The patent is granted for new inventions involving an inventive activity that may be applied in manufacturing

CONDITIONS OF PATENTABILITY

Novelty

Inventive activity

Industrial application

NOVELTY

An invention is new when it’s not included in the prior-art

The prior-art is made up of all what is publicly accessible before the filing date of a patent application or the date of priority duly claimed for this application through an oral or written description or any other means.

INVENTIVE ACTIVITY

An invention shall be considered as involving an inventive activity if it is not evident for a person with an average knowledge of the technical field at the filing date of the patent application

Industrial application

An invention shall be industrially applicable.

This requirement is fulfilled when the invention can be manufactured or used in any type of industry or in agriculture

Shall not considered inventions:

- Ornamental creations,

- Discoveries,

-Schemes, rules and methods intended for use: in the performance of purely mental acts, in games, in the field of economic activity, in connection with software

The patent shall not be granted for :

- Varieties of plants, animals or substantially biological processes to obtain new plants or animals except for biomedical processes and products obtained through these processes

- Inventions whose publication or implementation is conflicting with accepted standards of public order morality or with public health or safety of the environment

Patenting procedurePatenting procedureFinling

receipt

Formel examination

irregularity

Irregularity notice

Response of applicant

Rejection

substantive examination

publication

opposition

Granting

irregularity

1st Irregularity notice

Response of applicant

examination

regularization

2nd Irregularity notice

Response of applicant

examination

regularization

Rejection

Rejection

Rejection

yes

No

No

yes

yesNo

yes

yes

No

No

yes

yes

No

TISCTISC

Technology and Innovation Support Center

WHYWHY ?

To enable R&D institutions, universities and industry to use databases containing science, technology and patent information.

Technology and Innovation Support Center

WHATWHAT ?

Technology searches :

• patent searches.

• non-patent searches (scientific and technical literature).

The TISC is located at INNORPI: a focal point to a network of peripheral TISCs.

Technical infrastructure of PCs with internet connection (WIFI), printers...

Personnel to staff the TISC :

* Two full-time staff members responsible for day-to-day management and operation of the center, including the explanation to visitors of the main

patent and non-patent search services available on the internet and the basic functions of those services;

* 3 patent examiners ( engineers) : half a day per week

Establishment of TISC

THANK YOU FOR YOUR ATTENTION