Qatar outstanding annuities for patent applications now payable
24 October 2024
The Intellectual Property Rights Protection Department of Qatar’s Ministry of Commerce and Industry of the State has announced that all outstanding annuities for patent applications, including those still pending, are now payable. This change replaces the previous policy outlined in Circular No. 2/2024, which mandated the deferral of annuity fees beyond the third year for pending applications without a decision. “Therefore, it is now optional to either pay annuity fees in their due time or defer the payment until a decision has been made about the patent application,” noted Jehad Ali Hasan, CEO of JAH Intellectual Property in Doha. “Meanwhile, no refunds will be provided for any incorrect or duplicate annuity payments made.”
“Please be informed that the annuities for PCT applications in Qatar are due annually on the anniversary of the international (PCT) filing date and payable prior to grant,” he said. “Accordingly, due annuities for PCT applications should be paid at the time of filing (national phase entry). For national applications, annuities are paid on the anniversary of the filing date, which applies to pending or examined and granted patents regardless of their statuses. Recordal of change of agent is optional for settling the due annuities for patents not filed through our firm without the need for a legalized power of attorney (POA), which is optional resting upon the discretion of the applicant for which a duly legalized POA should be provided by the applicant if required to record the change of agent.”
He added: “There is a 6-month grace period for late payment with a surcharge. Outstanding annuity payments remain due and payable, even for pending patent applications that still have not been examined by the Qatari Patent Office.”
His colleague, Zayrah Marzan, head of IP Advisory at the same firm, pointed out recent changes in Qatar’s intellectual property laws affecting the procedures for patent annuity payments. She said: “Formal examination of annuity payment requests is not conducted by Qatar Patent Office. Consequently, in the event that an applicant mistakenly instructs multiple local agents to pay annuity fees, no refund of the duplicated annuity fee will be due by the patent office. Applicants are therefore advised to exercise due diligence in providing accurate instructions regarding the annuity year to be paid.”
- Excel V. Dyquiangco