Patents
Detailed Requirements for Submitting a Patent Application
The patent applicant in the Republic of Iraq / Patent Office must be aware of the requirements for submitting a patent application to the Industrial Property Department at the Central Organization for Standardization and Quality Control (COSQC). Below are the following conditions:
- The application must include the “Patent Application Form” and any related attachments.
- The title of the invention must comply with the requirements specified in the application form and must not differ from the title mentioned in the patent application.
- The submitted documents must be original copies or certified by the relevant authorities.
- Payment of the filing fee upon submission of the application.
- The applicant must comply with all requirements requested by the department administration related to the application.
- For Iraqi applicants, the application form is to be filled out within the department after submitting the application and taking into account the detailed conditions listed below.
Conditions for Completing the “Patent Application” Form and Its Attachments:
The “Patent Application” form must be filled out clearly and must include the title of the invention, the applicant’s name, address, place of residence and work, mobile number, and email address; the inventor’s name and address; the name and address of the agent, if any; and information about priority and its disclosure. The fields of the form must be completed according to their numbered sections as follows:
- Title of the Invention: The title of the invention must be concise and specific, and written in both Arabic and English. General terms such as “Chemical Process,” “Electronic Device,” “Electrical Machine,” and “Organic Compound with New Properties” will not be accepted as a title. To shorten the title, phrases like “A New Method for…”, “Improvements in…”, or “Development in…” should not be used, etc
- Name of the Applicant: The name for individuals must match the one in the identity document, in the following order: First Name – Father’s Name – Grandfather’s Name – Family Name. For institutions and companies, the name must match their official registered name. If there are multiple applicants, the details of the first applicant should be recorded, followed by the details of the other applicants. Correspondence between the department and the applicants will be made through the first applicant if no agent is appointed. If the applicant is not the inventor, a document transferring the rights to them (ownership transfer document) must be attached. appointed. If the applicant is not the inventor, a document transferring the rights to them (ownership transfer document) must be attached.
- Name of the Inventor: The inventor’s name must match the one in the identity document, in the following order: First Name – Father’s Name – Grandfather’s Name – Family Name. If there are multiple inventors who actively participated in the invention, the details of the first inventor should be recorded, followed by the details of the remaining inventors.
- Priority Information and Disclosure: If the invention has been previously disclosed, documents indicating the date of disclosure and the reasons for it must be attached. If the applicant is a citizen of a Paris Union country, a resident of one, or has a genuine and active industrial or commercial establishment in one of these countries, and wishes to claim priority based on a previously filed application in one of these countries, the priority application details must be provided (country, application number, filing date) as well as the patent number and its date, if available. In case of multiple priorities, the details of the first priority should be filled in the form, and the details of subsequent priorities should also be mentioned in the form. A certified copy of the previous application and its translation must be attached within three months. In all cases, the provisions of other international agreements to which Iraq is a member shall apply. Additionally, details of other previous filings (country, application number, filing date) and patent number and date, if available, must also be attached.
- Attachments: The names of the attachments (patent application and any other accompanying documents) must be recorded, along with the number of pages, both numerically and in writing. In the case of claiming priority, any related attachments must be indicated.
- Name of the Agent: The name of the agent must be provided, and the agent must be authorized by a power of attorney issued by a notary public if the applicant is within Iraq. If the applicant is outside Iraq, a certified power of attorney must be submitted, which includes the name, address, and place of residence of the patent applicant. The power of attorney must also include answers to the eight sections of the application in both Arabic and English, and must be certified according to Iraqi legalization laws.
- Declaration: The name of the applicant or the agent and their signature must be recorded, and the seal of the authorized agent, if available, must be added. It must also indicate that the applicant or the agent assumes full responsibility for any consequences resulting from the submission of incorrect information.
General Requirements for a Patent Application: The patent application must include the following contents in the specified order:
- “Title of the invention in both languages,” “Abstract in both languages,” “Detailed description including the introduction and prior art,” Details of the idea (materials, components, methods of operation, results, etc.), applications, features, “Claims,” “Illustrative drawings,” “References.”
- Each content section must begin on a new page, with the name of each section centered at the top of the page and underlined. The application pages (excluding the drawings) must be numbered consecutively, with the page number centered at the bottom of each page.
- The abstract and the full description must begin with the title of the invention.
- The patent application must be submitted in eight copies of the original application, which should be identical and in both English and Arabic for foreign applications, and in Arabic only for Iraqi applications.
- White A4-sized paper must be used.
- The pages must be clean, free of erasures, modifications, cross-outs, or any carbon stains.
- Only one side of each page should be used.
- The line spacing should be approximately 1 cm
- The lines of each page must be numbered, except for the “Claims” (Elements of Protection), where each line within each claim must be numbered separately for foreign applications.
- The abstract, full description, and claims may contain names, symbols, formulas, mathematical and chemical equations, scientific terms, and others. However, none of these sections should include illustrative drawings. Tables, if any, should be placed within the full description of the patent application.
- The measurements must be in the metric system, and temperatures in the Celsius scale. Other units may be mentioned later in parentheses.
- Illustrative drawings and diagrams must be attached if they contribute to a complete and clear understanding of the invention.
Special Instructions for Applications When Translating to Arabic:
- The scientific term must be mentioned in its original language alongside the Arabic name the first time it appears. Afterwards, only the Arabic name should be used, except in the case of protection elements (claims), where the term should be repeated in both languages.”
- In the case of abbreviations in a foreign language, the full term in both Arabic and English must be mentioned the first time it appears in the text, and the abbreviation alone may be used thereafter.”
- “The symbols, units, nomenclature, and fundamental physical constants approved by the International Union of Pure and Applied Physics (IUPAP) are adopted.”
- “Latin letters are used according to the IUPAC system for writing diagrams, chemical formulas, element and compound symbols, and chemical names. However, if a chemical name appears in a title, it should be written in Arabic along with the Latin version.”
- “References, research papers, articles, and scientific books (sources) should be cited in their original language.”
“Abstract Requirements
- The abstract should not exceed half a page, and in extreme cases, it may extend to one full page.
- “If there are illustrative drawings, the abstract should refer to the figure that represents the invention in general, and the number of this figure should be placed at the end of the abstract.”
- If the abstract refers to components found in the figure mentioned in the previous paragraph, and the figure uses numbers or letters to distinguish those components, these numbers or letters should be mentioned in parentheses within the text of the abstract.”
- The abstract should mention the technical field, a brief description of the main components of the invention, and its primary use.”
- The abstract should be written in a clear and simple style, providing a clear understanding of the solution to the technical problem, and it should be usable for technical communication and reference in scientific research. It should be noted that the abstract is not used to explain the scope of protection.”
- The mention of the expected future importance, value, or advantages of the invention should be avoided.”
- “Attach a copy of the abstract in English, if available.”
“Complete Description Requirements”
- “The complete description should include the following parts:”
- Detailed ‘Introduction and Prior Art’: This section should specify the technical field addressed by the invention and describe the prior art, including any documents the inventor is aware of, along with mentioning any issues related to the prior art that the invention aims to overcome.”
- ‘Details of the Invention’: This should be written clearly in a way that allows a person of ordinary skill in the technical field to understand it. The description must be clear and sufficient to enable a person skilled in the art to carry out the invention and should include a detailed explanation of the invention. It should also specify the best method known to the inventor for carrying out the invention at the time of filing the application or the priority date. The explanation should reference the attached drawings in detail. If the application contains a genetic sequence, the genetic sequence should be attached in printed form on paper in addition to the electronic version. This part usually relates to the main protection element (claims).”
- Applications and Advantages”
- “Claims (Protection Elements): See below for details.”
- Brief Description of the Drawings’: This should provide a brief explanation of the figures and their sections, if applicable.”
- “Sources”
Requirements for Protection Elements”
- The application must contain at least one independent claim, and it may include additional independent claims as well as dependent claims. The claims must be numbered sequentially, with claim number one being the one that defines the broadest scope of protection sought.
- The claims must provide a complete definition of the scope of protection sought, including the essential components of the invention. They must also be clearly limited in scope in comparison to what has been disclosed in the full description.
- The claims must be clear and coherent, and they must define the invention (not its advantages) in a specific manner that makes it easy to determine the scope of protection without referring to the full description or the drawings, except when absolutely necessary.
- The claims should be drafted, whenever possible, in a way that highlights the novel part or
- the inventive step within the scope of protection. For example, the invention to be protected is defined by specifying its components and technical features, followed by phrases such as “characterized by…” or “the improvement comprises…” or any similar expression, and then stating what is new or inventive to distinguish it from any prior invention.
- If the application includes drawings and a claim refers to components shown in one of the figures that are identified by numbers or letters, it is permissible to include those numbers or letters in parentheses within the text of the claim.
Conditions for Illustrative Drawings
Special Conditions for Illustrative Drawings:
- Drawings must be made on A4-sized paper to ensure high-quality, clear illustrations that can be reproduced clearly and accurately.
- The margin dimensions on each page should not be less than the following: top 2.5 cm, right 2.5 cm, bottom 1 cm, and left 1.5 cm.
- A sheet may contain more than one figure, and if necessary, a single figure may be placed across multiple sheets, provided that they can be easily assembled side by side to form a single drawing.
- Figures should be numbered sequentially (e.g., Figure 1, Figure 2, Figure 3, etc.), regardless of the sheet number. Whenever possible, care should be taken to arrange and group the figures in the order of their numbers.
- The size of the reference numbers or letters used to identify components in the illustrative drawings should not be less than 3 mm, and the same numbers or letters should be used consistently across different drawings to identify the same components.
- The drawings must be unshaded, with dark black lines, and the location of the section should be indicated with dashed lines.
- Illustrative drawings should not contain any descriptive words or other text. However, in cases of absolute necessity, certain words may be used to clarify key features.
- The applicant is required to provide the department with copies of examination reports, search reports, and any required documents related to prior applications or patents granted by other offices for the same invention.
- For Iraqi patent applications, the applicant must provide a letter of no objection for the submission of the patent application from any governmental body or private sector companies or institutions where the inventor works or is affiliated. Each inventor must submit a separate letter if their affiliations differ. Additionally, a copy of the identity card of the department the inventor is affiliated with must be provided. If the inventor is from the private sector, a copy of their identification card and residence card must also be submitted.