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For professionals responsible for filing andFor practitioners responsible for patent filing,...
Designed for professionals responsible for patent filing, registration, and enforcement in Saudi Arabia, this seminar focuses on Royal Decree No. M/27 of 2008—the Integrated Law on Patents, Integrated Circuit Layouts, Plant Varieties, and Industrial Designs—and covers the operations of the Saudi Authority for Intellectual Property (SAIP), government fees, PCT national phase entry, IP reforms under Vision 2030, compliance with Sharia law,patent term extensions for pharmaceuticals, and enforcement of rights in the Commercial Court’s IP Division—a patent attorney will systematically explain the full scope of patent practice in the Middle East’s largest economic zone.
Key Points of This Article
- Saudi Arabia consolidated patents, integrated circuits, plant varieties, and designs into a single law under Royal Decree No. M/27 of 2008
- The Saudi Authority for Intellectual Property (SAIP, established in 2017) is the current governing body—transferred from KACST in 2020
- Saudi Arabia joined the PCT (August 3, 2013). Japanese companies have a grace period of 30 months plus 1 month for PCT national phase entry
- The GCC patent system ceased accepting new applications in January 2021—individual applications to Saudi Arabia are now required
- Strengthening IP protection as a pillar of Vision 2030—improving examination quality and speed
- Compliance with Sharia law is mandatory: inventions that violate Islamic law cannot be registered
- Enforcement follows a three-tier system: Commercial Court (IP Division) → Court of Appeal → Supreme Court
SAUDI ARABIA PATENT
A comprehensive guide to the patent system and practice in Saudi Arabia, the largest economic zone in the Middle East, written by a patent attorney. This book systematically explains 12 key areas, ranging from SAIP applications to Royal Decree M/27 of 2008, Vision 2030, the PCT, Sharia compliance, and the enforcement of rights in the Commercial Court’s IP Division.
Table of Contents
- Executive Summary
- Basic Structure of the System and Legal Sources
- SAIP and Vision 2030
- Application Procedures and Required Documents
- Standard Process and Timeline Management
- Estimated Government Fees
- Patent Requirements and Sharia Compliance
- Current Status of the GCC Patent System
- PCT and PPH Strategies
- Enforcement and Infringement Response
- Differences Between Japanese and Saudi Systems
- Practical Checklist for Japanese Companies
1. Executive Summary
Saudi Arabian patent practice is a hybrid system combining Sharia law and a modern patent system, centered on Royal Decree No. M/27 (2008, the Integrated Law on Patents, Integrated Circuit Layouts, Plant Varieties, and Designs), with implementing regulations and SAIP guidelines governing applications, examination, and disputes.As part of the IP pillar of Vision 2030 (Crown Prince Mohammed bin Salman’s national vision), significant modernization is underway in the 2020s.
Four Key Points to Keep in Mind for Patent Practice in Saudi Arabia
- The establishment of SAIP in 2017 centralized IP administration—improving examination quality and speed
- Government fees are denominated in SAR and are moderate by Middle Eastern standards. Application fees: SAR 800 (individuals) / SAR 1,500 (corporations)
- Compliance with Sharia is mandatory—inventions violating Islamic law (pork, alcohol, gambling, etc.) are prohibited
- Enforcement proceedings are primarily handled by the IP Divisions of the Commercial Courts (Riyadh, Jeddah, Dammam)
2. Basic Structure of the System and Legal Sources
The “primary law” of the Saudi Arabian patent system is Royal Decree No. M/27 of 1429 H (2008), the Law on Patents, Integrated Circuit Layouts, Plant Varieties, and Industrial Designs, which features a unique structure integrating these four types of industrial property rights into a single law.Provisions regarding the definition of an invention, novelty and inventive step, patentable subject matter, application procedures, the scope of rights, compulsory licensing, infringement, and criminal penalties are systematically set forth.
Major Laws
| Laws | Content |
|---|---|
| Royal Decree No. M/27 (2008) | Integrated Law on Patents, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Designs |
| Implementing Regulations | Procedural Rules and Fees |
| Royal Decree Establishing SAIP (2017) | Establishment of the Independent IP Office |
| Commercial Courts Act | IP Jurisdiction of the Commercial Court |
| GCC Patent Law | Suspension of New Applications as of January 2021 |
| Sharia Law (Islamic Law) | Fundamental Principles of Public Order and Morals |
3. SAIP and Vision 2030
Role of SAIP
SAIP (Saudi Authority for Intellectual Property) was established in 2017 and is headquartered in Riyadh. In 2020, IP administration was fully transferred from KACST (King Abdulaziz City for Science and Technology). The electronic filing system, "SAIP IP Portal," is fully operational.
IP Reforms under Vision 2030
Crown Prince Mohammed bin Salman’s National Strategy
- National IP Strategy 2030—Transition to an Innovation Economy
- Improved Administrative Efficiency Through SAIP’s Independence
- Training of Specialized IP Judges
- Accelerating Patent Examination (Clearing Backlogs from the KACST Era)
- Joining the WIPO Tech Transfer Network
- Support for Technological Innovation in Special Economic Zones such as NEOM
Judicial Forum
| Organization | Jurisdiction and Characteristics |
|---|---|
| SAIP IP Committee | Patent Examination and First-Instance Opposition (Administrative Proceedings) |
| Commercial Court (IP Division) | Infringement and invalidation lawsuits (Riyadh, Jeddah, Dammam) |
| Commercial Court of Appeal | Appeals from Commercial Court Judgments |
| Supreme Court (Diwan al-Mazalim) | Court of Final Appeal and Jurisdiction over Administrative Litigation |
4. Application Procedures and Required Documents
Application Channels
| Item | Direct Filing | Paris Convention Priority | Via PCT |
|---|---|---|---|
| Saudi Application Deadline | Anytime | 12 months from the Japanese filing date | 30 months from the priority date (extendable by 1 month) |
| Language | Arabic or English (Arabic translation required) | Same as above | Arabic translation required (within 90 days) |
| Agent | A patent agent resident in Saudi Arabia is required | Same as above | Same as above |
POA Authentication Requirements
POA Requirements (Important): Saudi Arabia acceded to the Apostille Convention in April 2024 and is currently transitioning from the traditional authentication by diplomatic missions abroad (consular authentication) to Apostille certification. For POAs from Japan to Saudi Arabia, submission is now possible with a Ministry of Foreign Affairs Apostille plus an Arabic translation (transitional measures apply). Must be submitted within 90 days of the filing date.
Required Documents
- Application Form (Patent Application Form): Via the SAIP IP Portal
- Specification, Claims, Abstract, and Drawings: Arabic translation required (within 90 days)
- POA: Apostille + Arabic translation (within 90 days of the filing date)
- Assignment Deed: Certification required if the inventor and applicant are different
- Priority Documents: If claiming Paris Convention priority, within 3 months from the filing date
- Certificate of Commercial Registration (for corporations): Authentication + Arabic translation
5. Standard Process and Timeline Management
① Filing (SAIP IP Portal)
→
② Formal Examination
→
③ Publication of Application (18 months)
↓
④ Substantive Examination (Automated; no request for examination required) → ⑤ Response to Office Action (90 days) → ⑥ Publication and 90-day
opposition period
↓ ⑦ Grant and Registration
↓
④ Substantive Examination (Automated; no request for examination required) → ⑤ Response to Office Action (90 days) → ⑥ Publication and 90-day
opposition period
↓ ⑦ Grant and Registration
Processing Time: Previously took 7–10 years, but has been trending toward 3–5 years since the transfer to SAIP. Examination resources are being significantly expanded under Vision 2030.
6. Estimated Government Fees
| Item | Fee (SAR) | Converted to Japanese Yen |
|---|---|---|
| Application Fee (Individual) | SAR 800 | Approx. 32,000 yen |
| Application Fee (Corporation) | SAR 1,500 | Approx. 60,000 yen |
| Substantive examination fee | SAR 800 | Approx. 32,000 yen |
| Publication and Registration Fee | SAR 1,000 | Approx. 40,000 yen |
| Opposition Fee | SAR 1,500 | Approx. 60,000 yen |
| Annual fee (5th year) | SAR 800 | Approx. 32,000 yen |
| Pension (10th year) | SAR 1,500 | Approx. 60,000 yen |
| Annuity (15th year) | SAR 3,000 | Approx. 120,000 yen |
| Pension (20th year) | SAR 5,000 | Approx. 200,000 yen |
7. Patent Requirements and Sharia Compliance
Basic Requirements
- Novelty—Worldwide prior art standard, 12-month grace period
- Inventive Step—Not obvious to a person skilled in the art
- Industrial Applicability
- Description Requirements—Clarity and Enforceability
- Sharia Compliance—Saudi-Specific Requirement
Non-patentable subject matter
- Scientific theories, abstract ideas, and mathematical methods
- Diagnostic, therapeutic, and surgical methods (inventions relating to pharmaceutical products are acceptable)
- Pure business methods and computer programs as such
- Inventions contrary to Sharia law—absolute refusal on grounds of violation of Islamic doctrine
- Plants and animals (biological methods)—excluding microbiological methods and genetic resources
- Human cloning and modification of genetic identity
Examples of inventions subject to rejection under Sharia law
- Pork processing technology (haram food)
- Methods for manufacturing alcoholic beverages
- Gambling devices and casino equipment
- Inventions related to riba (interest) in the financial sector (however, versions compliant with Islamic finance are permitted)
- Nudity or sexually provocative elements
- Content that is blasphemous to Islamic doctrine
Extension of patent terms for pharmaceuticals
While the 2008 Saudi law did not explicitly include a PTE system, its introduction is under consideration following the 2024 regulatory amendments. A compensation system for the regulatory review period related to SFDA (Saudi Food and Drug Authority) drug approvals is currently being discussed.
8. Current Status of the GCC Patent System
Suspension of New GCC Patent Applications (January 2021)
The GCC Patent System (GCC Patent Office, headquartered in Riyadh) was a regional system providing protection across six countries—Saudi Arabia, the UAE, Qatar, Bahrain, Oman, and Kuwait—with a single application; however, acceptance of new applications has been suspended since January 6, 2021. In Saudi Arabia, a separate domestic application to the SAIP is now required. Existing GCC patents remain valid in Saudi Arabia.
Japanese Companies’ Patent Strategy in the Middle East
- Saudi Arabia is the Largest Patent Market in the Middle East—Individual Applications Are Inevitable
- Market Size Priority: Saudi Arabia > UAE > Qatar > Oman > Bahrain > Kuwait
- Filing via the PCT is the most efficient approach in practice (PCT-PPH can be utilized)
- Annual fee payments for existing GCC registrations are required separately for each country
9. PCT and PPH Strategy
Saudi Arabia joined the PCT on August 3, 2013. National phase entry is possible within 30 months of the priority date (extendable by an additional month). The JPO-SAIP PPH began operations in September 2018—early examination is available based on Japanese granted claims.
JPO-SAIP PPH: Launched in 2018; available free of charge. Reduces processing time from 3–5 years to 1–2 years. Saudi Arabia also participates in the Global PPH (IP5+α). It is one of the few countries in the Middle East with a PPH agreement.
10. Enforcement of Rights and Response to Infringement
Commercial Court IP Division
Commercial Court IP Division (Riyadh, Jeddah, Dammam)
- Injunctions (provisional and permanent)
- Damages (based on actual damages, in accordance with Sharia law)
- Orders for the Surrender or Destruction of Infringing Goods
- Expert Witness System—Complementary to Patent Specialized Judges
- Training of specialized IP judges has been underway since 2018
Customs Border Measures
By registering a patent recordal with the Saudi Customs Authority (Zakat, Tax and Customs Authority, ZATCA), it is possible to stop the import of counterfeit goods. King Abdulaziz Port (Dammam) and Jeddah Islamic Port are among the leading ports in the Middle East.
Administrative Enforcement (SAIP)
SAIP possesses independent administrative enforcement authority, enabling it to seal warehouses containing counterfeit goods, conduct investigations, and issue injunctions. It operates within an enforcement framework in coordination with the Ministry of Commerce, Customs, and the Public Prosecution.
Criminal Penalties
Patent infringement is punishable by a fine of up to SAR 250,000 and/or imprisonment for up to two years. Penalties are increased for repeat offenses. Stricter penalties for organized counterfeiting are currently being implemented.
11. Differences Between Japanese and Saudi Systems
| Item | Japan | Saudi Arabia |
|---|---|---|
| Language of Application | Japanese | Arabic or English (Arabic translation required) |
| Consolidated Law | Separate Laws for Patents, Utility Models, and Designs | Integrated System (Patent + Integrated Circuits + Plants + Designs) |
| Religious Law Compliance | None | Compliant with Sharia Law (Mandatory) |
| Request for Examination | Required (3 years) | Not required (automatic examination) |
| PCT National Phase | 30 months | 30 months + 1-month extension possible |
| PPH | Available | JPO-SAIP PPH (since 2018) |
| POA requirements | Not required | Apostille + Arabic translation (2024–) |
| Judicial System | Patent Office → Intellectual Property High Court | Commercial Court IP Division → Appeal → Supreme Court |
12. Practical Checklist for Japanese Companies
Pre-filing
- Appointment of a patent attorney based in Saudi Arabia (required)
- Prepare POA Apostille certification + Arabic translation (after Saudi Arabia joins the Apostille Convention in 2024)
- Sharia compliance check (especially for pharmaceuticals, biotechnology, and food sectors)
- Selection between PCT, Paris Convention priority, and direct filing
- Verify whether the invention has already been registered in the GCC
Application in progress
- Quality Control of Arabic Translations (Submission within 90 Days)
- Strict adherence to the response deadline for Office Actions (90 days)
- Early Examination via JPO-SAIP PPH
- Handling Sharia-related Office Actions
After Filing
- Annuities are due annually starting from the second year
- Upon Discovery of Infringement: Concurrent Use of the Commercial Court’s IP Division, Customs, and SAIP
- Monitoring the circulation of counterfeit goods at King Abdulaziz Port, etc.
- Handling of compulsory licensing
Summary
The Saudi Arabian patent system is the largest patent market in the Middle East, undergoing rapid modernization through IP reforms under Vision 2030 and the independence of SAIP (2017). For Japanese companies to succeed in their patent strategies in the Saudi market, the key lies in combining the use of the JPO-SAIP PPH, prior confirmation of compliance with Sharia law, and the simplification of procedures resulting from Saudi Arabia’s accession to the Apostille Convention in 2024.Please also see our PCT international patent applications and patent application services.
Consultation on Patent Applications in Saudi Arabia
EVORIX Intellectual Property Law Firm provides comprehensive support for patent applications and enforcement in major Middle Eastern countries, including Saudi Arabia (UAE, Qatar, Bahrain, Oman, Turkey, Israel, etc.). Our patent attorneys, with extensive practical experience and working in collaboration with local agents, handle everything from compliance with Vision 2030 and Sharia law to utilizing the JPO-SAIP PPH and enforcing rights in the Commercial Court’s IP Division.
Sources & References
▼ Primary Legislation
- Decree No. M/27 of 1429 H (2008) – Integrated Law on Patents, Integrated Circuit Layout Designs, Plant Varieties, and Industrial Designs
- Implementing Regulations
- Royal Decree Establishing SAIP (2017)
- Commercial Courts Law
- GCC Patent Law (New applications suspended as of January 2021)
- Interpretation of Public Order and Morals under Sharia Law
▼ Official Sources
- SAIP Official Website: saip.gov.sa
- SAIP IP Portal: Electronic Filing System
- WIPO IP Portal (Saudi Arabia): wipo.int
- WIPO Lex: wipo.int/wipolex
- PCT Member (August 3, 2013): WIPO PCT System
- JPO-SAIP PPH (Launched in September 2018): JPO and SAIP Official Site
- ZATCA (Saudi Customs): Border Measures
- SFDA (Saudi Food and Drug Authority): Drug Approval
- GCC Patent Office (Riyadh, Management of Existing Cases)
▼ Explanatory Materials from Japanese Agencies
- JETRO Report: "Intellectual Property System in Saudi Arabia"
- Japan Patent Office “Information on Foreign Industrial Property Rights Systems (Saudi Arabia/Middle East)”
- INPIT Intellectual Property Information on Emerging Countries
- JPO-SAIP PPH Guidelines
▼ International Agreements
- Paris Convention (Saudi Arabia joined in 2004)
- PCT (Saudi Arabia acceded in August 2013)
- TRIPS Agreement (Saudi Arabia joined in 2005)
- Apostille Convention (Saudi Arabia acceded in April 2024)
- GCC (Gulf Cooperation Council) — Suspension of new GCC patent applications in 2021
- Japan-Saudi Arabia Investment Agreement (Entered into force in 2007)
- Vision 2030—National IP Strategy
*This article is based on the above primary sources and official information as of April 2026 and is intended to provide general information. As laws and regulations are subject to change, we recommend verifying the latest information with primary sources and experts. For specific decisions regarding individual cases, we recommend consulting with experts, including local agents.
AUTHOR / Writer
Takefumi Sugiura
Representative Patent Attorney, EVORIX Intellectual Property Firm
Assists clients across a wide range of industries—including IT, manufacturing, startups, fashion, and healthcare—from patent, trademark, design, and copyright applications through to trials and infringement litigation. Also well-versed in intellectual property strategies for cutting-edge fields such as AI, IoT, Web3, and FinTech. Member of multiple organizations, including the Japan Patent Attorneys Association, the Asian Patent Attorneys Association (APAA), and the Japan Trademark Association (JTA).