PATENT PROTECTION IN THE SAUDI LAW

Abstract

This research addresses a topic of utmost importance, which is "Patent Protection in the Saudi Law." This legal protection is crucial for safeguarding the rights of inventors and preventing any infringement by others. It also encourages inventors to exert more efforts to achieve societal progress, ensuring they are secure and confident that their patented inventions are protected. The principles of justice dictate that the inventor's right to exploit and benefit from their invention for a specified period should be protected, in return for the effort and financial resources they have invested in achieving it. Recognizing and protecting this right is an important incentive for fostering a spirit of research and innovation in society, encouraging the allocation of more resources to open the door for further innovations. Additionally, the disclosure of the invention after obtaining the patent allows other researchers to benefit from the inventor's achievements, thereby advancing scientific research and societal development.

The research has reached several conclusions, including:

A patent is a document that grants legal protection to an invention, serving as a certificate of ownership for the inventor, allowing them exclusive rights to exploit and benefit from the invention through legal means.

The legal protection provided by the Saudi legislator for patents consists of two types: criminal protection and civil protection.

The legislator intended the criminal protection established for patents in the patent law to deter anyone who infringes on a protected invention.

The legislator set conditions in the patent law to consider an act as an infringement on patent rights. The first condition is that a person other than the patent holder performs any act of exploiting the patent. The second condition is that the act occurs within the Kingdom. The third condition is that the act is carried out without the written, recorded consent of the patent holder.

The patent law specifies criminal penalties for infringing on a protected invention, including fines, publication in the official gazette, and publication in the bulletin issued by the authority and in two daily newspapers at the expense of the convicted party. The law also allows the commercial court, at the plaintiff's request, to take urgent measures it deems necessary to prevent damage resulting from the infringement. These urgent measures may include seizing products produced by the defendant in violation of the plaintiff's rights, confiscating tools and equipment used in counterfeiting the protected invention, or destroying counterfeit products if they harm consumer health or safety. Other measures may also be taken.

Civil protection for patents entails the inventor receiving appropriate compensation for the damage suffered due to the infringement of their protected invention by unauthorized exploitation by others, provided that the damage is proven.

For civil liability to arise, the infringement on the patent must occur in one of the forms stipulated in Article 34 of the patent law, and the infringing act must be committed against a valid patent issued by the competent authorities in the Kingdom of Saudi Arabia. Additionally, the elements of a civil liability lawsuit must be present, including fault on the part of the defendant, damage suffered by the plaintiff, and a causal