Who is Eligible to File a Patent Application in Bahrain
Any applicant named in the PCT application may enter the national phase in Bahrain. This includes:
- Individual inventors
- Domestic and foreign corporations
- Universities, research centers, and technology institutes
- Government entities
- Assignees or successors in title
Foreign applicants are permitted without any residency requirement, but must appoint a local Bahraini agent to prosecute the application and receive correspondence from the Industrial Property Office. A local address for service is mandatory.
If the applicant is not the inventor or differs from the PCT applicant, documentary proof of assignment or transfer of rights must be submitted. Typically, Bahrain accepts simple signed assignment documents, though Arabic translation may be required for legal or examination clarity.
The Deadline for Bahrain Patent Filing (30/31-Month Rule)
Bahrain applies the standard 30-month national phase entry deadline from the earliest priority date.
This means the applicant must:
- File the national phase request
- Submit the required translation
- Provide the necessary documentation
- Pay the official filing fees
within 30 months from the priority date.
Extension After Expiry of the 30-Month Deadline
Bahrain allows a 1-month grace period for late national phase entry upon payment of a late fee. This extends the possible entry deadline to 31 months from the priority date.
If the applicant fails to enter by the 31-month deadline, the application is considered abandoned, with no reinstatement mechanism available. Bahrain’s strict deadline structure requires early preparation—particularly for translation into Arabic.
Filing Language for Patent Application in Bahrain
The official filing language for patent applications in Bahrain is Arabic.
Accordingly, the applicant must provide an Arabic translation of:
- The full specification
- The claims
- The abstract
- Any textual matter appearing in the drawings
The Arabic version is the legally controlling text for examination and enforcement purposes. Therefore, accuracy in technical terminology and claim construction is essential. Poor translation can lead to indefiniteness, rejection, or limited enforceability.
Important Documents Needed for Bahrain Patent Filing
To enter the PCT national phase in Bahrain, applicants must submit the following:
- National Phase Entry Request: Filed with the Industrial Property Office together with payment of the filing fees.
- Arabic Translation: Per Bahraini patent regulations, all parts of the application must be translated into Arabic. This includes claims, description, abstract, and drawing text.
- Power of Attorney (POA): A duly signed Power of Attorney is required to authorize the local agent.
- Usually requires notarization.
- In some cases, legalization up to the Bahraini consulate may be required.
- Assignment / Proof of Right: If the applicant is not the original PCT applicant, an executed assignment or proof of entitlement must be provided.
A simple signed copy is generally acceptable, although an Arabic translation may be required. - PCT Documents and Amendments: While Bahrain retrieves the PCT documentation electronically, applicants must provide:
- Bibliographic details,
- International publication information,
- Any amendments under PCT Articles 19 or 34.
- Priority Documents: If priority documents were not furnished during the PCT international phase, they may be requested locally.
- Fees: All filing, examination, claim surcharge, and publication fees must be paid.
Search and Examination Procedure
Bahrain follows a substantive examination system. After filing (or after requesting examination), the Industrial Property Office examines:
- Novelty/Patentability Search
- Inventive step
- Industrial applicability
- Clarity and support in the claims
- Compliance with formal requirements
- Consistency of Arabic translation
- Compliance with statutory exceptions
The examination process generally aligns with international standards and may rely on foreign examination reports for guidance.
Examination Process and Office Actions
After the examination begins, the Office may issue one or more Office Actions identifying deficiencies or objections. These may relate to:
- Lack of novelty over cited prior art
- Insufficient inventive step
- Lack of unity
- Drafting defects or unclear claims
- Insufficient disclosure
- Translation inconsistencies
- Subject matter excluded from protection
- Formal defects in documents or POA
Applicants typically have 60–90 days to respond, with extensions available upon payment of fees. Responses may include amended claims, explanatory statements, technical arguments, or revised translations.
Deadline for Request for Examination
In Bahrain, the request for substantive examination must be filed within three years from the national filing date, i.e., from the date of national phase entry.
If the examination request and associated fee are not submitted within this period, the application is deemed withdrawn.
Publication Process and Legal Impact
Once formalities are met, the application is published in the official patent gazette of Bahrain. Publication provides:
- Public notice of the claimed invention
- A prior art effect against subsequent filings
- Opportunity for competitors to assess the technology
- Validity of the application for licensing or technology transfer negotiations
Publication does not create enforceable rights; enforceability begins only upon grant.
Grant Process and Enforceability
After all objections are resolved and the examination is completed, the Office issues a decision to grant the patent. The applicant must pay the registration and publication fees. Upon issuance, the patent becomes fully enforceable under Bahraini law.
A granted Bahraini patent enables:
- Injunctions against infringing parties
- Compensation and damages
- Seizure or destruction of infringing goods
- Customs enforcement
- Licensing and commercialization rights
- Use in negotiation for technology agreements, joint ventures, or partnerships
Bahrain’s IP laws provide robust mechanisms for enforcement through the courts and administrative authorities.
Validity Term
A Bahraini patent has a validity term of:
- 20 years from the international (PCT) filing date,
subject to timely maintenance fee payments.
There is currently no patent term extension (PTE) available in Bahrain.
Typical Time to Obtain a Patent in Bahrain
Patent grant timelines vary depending on the field of technology and examiner workload, but typical durations are:
- 3–5 years from national phase entry under normal conditions
- Faster for simple or non-complex applications
- Longer for biotech, pharmaceutical, and chemical inventions
Translation quality and responsiveness to Office Actions significantly influence the timeline.
Annuities and Maintenance Procedure
Annual maintenance fees must be paid each year to keep the patent in force.
Key points:
- Maintenance fees begin from the year after the national filing date
- Fees increase each year progressively
- A grace period is available with a surcharge
- Failure to pay leads to patent lapse
Reinstatement is limited and not guaranteed
Official Government Fees for Bahrain Patent Filing
(All amounts in Bahraini Dinar – BHD. Fees are approximate and may vary based on claims, pages, and official revisions.)
15.1 Filing Fees (National Phase Entry)
| Fee Item | Amount (BHD) | Notes |
| National Phase Filing Fee | Approx. 100–150 | Basic filing |
| Claim Surcharge | Additional for claims exceeding the limit | Applied at filing |
| Page Surcharge | Additional for high-page specifications | Applied at filing |
| Late Filing (up to 31 months) | Additional surcharge | Applies during grace period |
15.2 Examination Fees
| Fee Item | Amount (BHD) | Notes |
| Examination Request Fee | Approx. 300–400 | Must be filed within 3 years |
| Extra Claim Fees | Additional fee per claim | Applied for the examination |
15.3 Grant & Publication Fees
| Fee Item | Amount (BHD) | Notes |
| Grant/Registration Fee | Approx. 100–150 | Payable upon allowance |
| Publication Fee | Approx. 50–100 | Gazette publication |
15.4 Annual Maintenance / Annuity Fees
| Patent Years | Annual Fee (BHD) |
| Years 1–5 | Approx. 30–60 per year |
| Years 6-10 | Approx. 60-90 per year |
| Years 11-15 | Approx. 90-120 per year |
| Years 16-20 | Approx. 120-150 per year |
Fees escalate with patent age and may include claim-based surcharges.
Utility Model Protection in Bahrain
Bahrain does not provide Utility Model protection. Only invention patents are available.
For incremental innovations or designs requiring alternative protection routes.
Bahrain Patent Office & Website
Ministry of Industry & Commerce – Bahrain Patent Office