Patent and Industrial Design Registration Service in Iraq

1. Legal Framework

Patents and industrial designs in Iraq are registered pursuant to the Patents and Industrial Designs Registration Law No. (65) of 1970 and its subsequent amendments.
The invention or industrial design must meet the legal requirements in order to be eligible for registration.

2. Exceptions (When Patent Rights Cannot Be Granted)

According to Article (3), a patent shall not be granted in the following cases:

• Inventions whose exploitation would disrupt public order, morality, or conflict with public interest.

• Pharmaceutical and medicinal compositions.

• Methods or means used in financial, banking, or accounting affairs.

• Architectural plans and related three-dimensional designs.

3. Requirement of Novelty and Innovation

An invention shall not be considered new if:

• It has been publicly used or disclosed in Iraq or abroad within the fifty years preceding the date of filing the application.

• It has already been registered or an application for registration has previously been filed by another party.

Nevertheless, any person who has, in good faith, industrially exploited the invention prior to the filing of the registration application retains the right to continue exploiting it.

4. Eligible Applicants

The right to apply for registration is granted to:

• Iraqi and Arab nationals.

• Foreign residents in Iraq with an established place of business.

• Foreign nationals of countries with reciprocal treatment agreements with Iraq.

• Public authorities and governmental entities.

• Companies and institutions incorporated in Iraq or in countries that practice reciprocity with Iraq.

5. Ownership of the Invention

• The right belongs to the holder of the patent certificate or to the person to whom the right has been legally transferred.

• If the invention is the result of joint work → ownership is shared jointly.

• If several persons independently achieve the same invention → the right belongs to the first applicant to file.

• Within an employment or contractual relationship → the right belongs to the employer, provided that the inventor’s name is mentioned in the patent certificate.

6. Protection and Penalties

Under Article (44):

• Counterfeiting or forging a registered patent or design is punishable by imprisonment for up to two years, or a fine of up to 1,000 Iraqi Dinars, or both.

• Selling or importing counterfeit products constitutes a criminal offense.

• Falsely claiming patent ownership or placing misleading indications on products is considered a criminal violation.