IP STRATEGY

Patent Eligibility Criteria in Saudi Arabia

MAY 2026 · 6 min read

Saudi law applies the international patent criteria adopted in the TRIPS Agreement and PCT. To grant a patent, an invention must pass three tests: novelty, inventive step, and industrial applicability. Each test has a strict legal definition.

1. Novelty

The invention must not be publicly available anywhere in the world before filing. Any prior disclosure (academic paper, conference presentation, prior patent) destroys novelty.

A common fatal mistake: the inventor posts the invention on social media or exhibits it at a fair before filing. Result: the invention is no longer new and does not deserve a patent.

2. Inventive Step

The invention must not be obvious to a specialist in the field reviewing prior art. This is the hardest and most subjective test.

A trivial improvement of a known compound = not inventive. A new combination of known elements yielding an unexpected effect = inventive.

3. Industrial Applicability

The invention must be capable of manufacture or use in industry. Pure mathematical concepts, discoveries of nature, mental methods = excluded.

Software per se has been debated, but Saudi law accepts software tied to an actual technical application.

What Is Not Patentable

Pure scientific discoveries, mathematical theories, business methods, methods of medical diagnosis of humans, living organisms except microorganisms, anything contrary to public order or morals.

This list is not exhaustive but contains the most contested categories.

How We Assess Your Invention Before Filing

At Rights we run a "patentability study" before any patent application: international prior-art search, inventive-step assessment, preliminary claim drafting. This study costs SAR 8,000–15,000 and saves hundreds of thousands.

Applications without prior study are rejected in 50% of cases. With the study, the rate drops below 15%.