“Initially, the Aden Patent Office needs to launch an intensive training initiative for its examiners,” he said. “This program should centre on globally recognized patent law principles and advanced technical evaluation techniques. Experts from respected international or regional patent offices, or academics from well-known institutions, should lead these sessions.”

He added: “Moreover, the Aden Patent Office should forge partnerships with established patent offices, both regionally and internationally, including organizations like the World IP Organization (WIPO), to facilitate continuous technical support and knowledge sharing. Concurrently, Aden University must develop specialized academic programs focused on intellectual property law and technology. This involves recruiting qualified professors and building alliances with industry to foster practical skills.”

“To guarantee consistent and dependable patent evaluations, a strong quality control mechanism, including peer reviews and external assessments, should be put in place,” he continued. “Additionally, the current patent law might require revisions to clearly define examination standards, processes, and the necessary qualifications for patent examiners, creating a legal foundation for resolving the current shortcomings.”

When it comes to the requirement that inventors must personally file patent applications at the Aden Patent Office, instead of using an authorized agent, Fattah said that this creates major obstacles for foreign applicants and companies. 

“This rule imposes significant logistical and financial burdens, forcing inventors to travel to Aden, which involves expenses for travel, accommodation, and lost work time. For foreign applicants, this is especially challenging due to potential language barriers, cultural differences, and unfamiliarity with Aden’s patent procedures,” he said. “It also disregards the established practice of using experienced patent agents, who are experts in navigating complex patent filings, ensuring compliance and maximizing the chances of patent approval. This restriction effectively limits foreign access to Aden’s patent system, discouraging innovation and investment. Furthermore, it contradicts international best practices, which allow applicants to be represented by qualified agents for a more efficient and fair patent process.”

Due to the current difficulties in filing patents in Aden, he said that companies aiming to safeguard their innovations for the Yemeni market should consider various temporary strategies and alternative locations. One option involves making their inventions public through recognized international technical publications or databases, effectively creating prior art and preventing others from patenting the same idea.

Another approach is to file patent applications in nearby countries or regions with robust patent systems, such as those within the Gulf Cooperation Council, to enforce these patents in Yemen when its patent system is restored, even if the actual enforcement of foreign patents in Yemen under present conditions is uncertain.

Furthermore, businesses could pursue a Patent Cooperation Treaty application (PCT), which would secure an international filing date, which may allow them to proceed with national phase entry once the Aden patent system is operational. It is also essential for businesses to meticulously document their inventions and any efforts to obtain patent protection in Aden, as these records could be vital in establishing their rights once the patent system resumes functioning.

- Excel V. Dyquiangco