PCT NATIONAL PHASE ENTRY
Iraq

Iraq became a contracting state to the Patent Cooperation Treaty (PCT) on April 30, 2022. Iraq's accession to the Patent Cooperation Treaty (PCT) is an important step in its efforts to revitalize its economy and strengthen its industrial and technological position in the region. By joining the PCT, Iraq can now fully participate in the global patent system, providing both local and international inventors with a streamlined process to secure patent protection in multiple countries through a single application.

Iraq’s recent membership in the Patent Cooperation Treaty (PCT) marks an important step in enhancing its intellectual property system. Since May 31, 2022, With the Iraqi Patent Office starting to accept PCT national phase filings in November 2023, this move underscores Iraq’s dedication to meeting global intellectual property standards.

This is a positive development for applicants seeking patent protection in Iraq, as it provides a grace period before deciding whether to file in Iraq, based on the international search results. This move positions the country to receive more applications at the national stage. Details regarding the mechanisms, requirements, and deadlines for national phase entry are yet to be fully outlined.

The deadline to file a PCT national phase entry in Iraq is 30 months from the priority date (the international filing date or the earliest priority date). To ensure timely entry, applicants must submit their national phase filing to the Iraqi Patent Office within this 30-month period.

In Iraq, patent applications can be filed in either Arabic or English, providing flexibility for applicants. If the application is submitted in a language other than Arabic, a translation into Arabic may be required for national phase entry. This approach ensures a smoother process for both local and international applicants seeking patent protection in Iraq.

Once the 30-month deadline for entering the national phase in Iraq has passed, there is no extension available.

The essential documents required for filing a national phase application in Iraq includes:

• Power of Attorney: A Power of Attorney for filing a patent application in Iraq must be duly legalized up to the Consulate of Iraq.
• Certified copy of the priority document: A simple certified copy of the priority document for filing a patent application in Iraq is required.
• Deed of Assignment: A deed of assignment duly legalized up to the Consulate of Iraq is required in case the applicant is not the inventor himself.

Currently, there are no specific cost exemptions for filing patent applications in Iraq. Applicants must generally pay the required fees.

Iraq’s patent application process simplifies the procedure by eliminating the need for a formal request for examination. As long as the application is complete and all requirements are met, the Iraqi Patent Office will initiate and conduct the examination of the application. conducts a substantive examination to assess the patentability of the invention. This involves evaluating the invention’s novelty, inventive step, and industrial applicability.

In Iraq, annuities (annual maintenance fees) are required to be paid every year on the anniversary date of completing the relevant file at the Iraqi Patent Office with all the required documents. However, it is important to note that the payment of these annuities can only be made after the patent is granted.

In Iraq, a patent is valid for 20 years from the date the application is completed and submitted to the Patent Office. To keep the patent valid, the annual maintenance fees must be paid each year, starting from the date all filing requirements are met. 

In the 2022 Global Innovation Index (GII), Iraq ranked 131st out of 132 economies, with a ranking of 130th in innovation inputs and 127th in innovation outputs.

Iraq is currently undergoing a phase of reconstruction and recovery following years of conflict. Despite the challenges it faces, the country holds significant potential for growth and innovation in various sectors. One of Iraq's most promising areas for development is its agricultural sector, with a long history and fertile land in certain regions. Innovations in agriculture could focus on efficient irrigation systems, the development of drought-resistant crop varieties, sustainable farming practices, and advancements in post-harvest technologies that help minimize waste and increase productivity.

In addition to agriculture, Iraq’s vast oil reserves provide an opportunity for the country to diversify its energy sources by investing in renewable energy. Developing solar and wind energy technologies would not only help Iraq reduce its dependence on fossil fuels but also lower its environmental footprint. These renewable energy advancements would play a vital role in building a sustainable future for the nation.

Another critical area for Iraq's recovery is infrastructure. The country faces significant challenges in rebuilding its infrastructure, but this also presents opportunities for innovation. Inventions focused on sustainable building materials, efficient construction techniques, and smart infrastructure management systems could help expedite reconstruction while minimizing costs and environmental impact. These innovations would be essential for Iraq as it seeks to build a modern, resilient, and sustainable infrastructure to support its growing population and economy.

With the right investments in these areas, Iraq has the potential to not only recover but thrive in the years to come.