– Patents and Industrial Designs Law No. 65 of 1970, Iraq Government Gazette No. 1865 of April 6, 1970, further amended by Order No. 81 of 2004.
– First amendment, published in the Official Journal on September 6, 1999, under Law No. 28 of 1999.

– Convention Establishing the World Intellectual Property Organization (WIPO), since January 21, 1976.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since January 24, 1976.
– Patent Cooperation Treaty (PCT), since April 30, 2022.

Applicant: Iraqi subjects and Arab citizens, foreigners residing and having an actual place of business in Iraq, foreigners of countries that treat Iraq on a reciprocal basis, public administrations and companies, societies and establishments which are established in Iraq or in countries that treat Iraq on a reciprocal basis provided that they are legal entities and also industrialists, manufacturers, merchants or laborers provided that the invention shall be primarily in the name of the inventor.

Foreigners and persons residing outside Iraq must appoint an authorized agent.

Patent categories: (1) patents relating to Iraqi persons are known as Iraqi patents; (2) patents relating to foreigners are known as foreign patents.

Patents of addition: a patentee or any other similarly interested party may apply for a patent relating to an amendment, improvement or complement of an invention, provided that one full year has elapsed since the original patent was granted.

Exceptions to protection: patents may not be granted in the following cases: (1) inventions breaching public morality, public order or which contradict public interest; (2) processes or methods employed in financial matters, banking or accounting; (3) building plans and related drawings.

Definition of an invention: the production of a new article by a known process or the introduction of a novel method or process for producing known articles, or the introduction of a novel method or process for producing new results in industry, including any discovery or improvement therein.

Novelty: an invention is not considered novel (a) if, within fifty years prior to the date of filing an application for a patent, the invention has been worked in or outside Iraq in a public manner; or (b) if it has been published in or outside Iraq in such a way that enables experts to exploit it; or (c) if, within fifty years prior to the date of filing the application, a patent for the invention was already issued, wholly or partly, to a person other than the inventor. A foreign patent is not considered as an anteriority if the invention has already been patented.

Priorities: Iraq is a member of the Paris Convention, thus priority is considered in applications for patents, but international registrations are not considered as registered in Iraq.

Territory covered: the whole territory of Iraq.

Filing requirements for an application (to be sent to resident agent):
1. Name, address, nationality and occupation of the applicant;
2. Power of attorney stamped and sealed by the applicant's company with eight-point boycott questionnaire concerning the Israel boycott (legalized up to the Iraqi Consulate);
3. 8 copies of the specification and of the summary of the invention in English and Arabic;
4. 8 copies of the drawings in English and Arabic;
5. An attested copy of the patent if the invention has already been patented in foreign countries;
6. Deed of assignment between the inventor(s) and the applicant, notarized and legalized up to the Iraqi Consulate.

Notes: required documents may be submitted within six months from the filing date, which is strictly non-extendible. The priority document mentioned under item 5 is only required if a foreign patent exists. When claiming Convention priority, a simple copy of the subject priority certificate must be filed on the same day of filing and the certified copy, legalized up to the Iraqi Consulate, must be submitted within six months from the filing date. If the documents mentioned under items 2, 3 and 4 are in a language other than Arabic, a certified translation must accompany them.

PCT applications: time limit for entering the national phase: 30 months for both Chapters I and II.

Examination: as to compliance with formal requirements and sufficient disclosure of the invention.

Appeal: possible.

Protection: the right to the benefit gained by any invention belongs to the inventor.

Rights of the inventor are as follows: (1) the right to exploit the invention by the inventor himself or by those authorized by him for that purpose; (2) the right to bring actions before the courts against those who may have infringed the right of the inventor by imitating his invention either by the manufacture of articles or by the adoption of any method or process which constitutes the subject matter of the invention or by importing or selling articles which are an imitation of the articles produced by means of the invention.

Publication: quarterly summaries of the specifications of all inventions, for which patents have been granted during the said period, are published in the Official Gazette. Similarly, a list of all patents, which have expired and all patents which have been revoked or cancelled is published in the Official Gazette.

Duration – extension: twenty years from the date of grant; or ten years for patents of pharmaceutical and medicinal preparations, extendible twice for five-year periods. Documents required for such extensions must be completed within six months from the date of the submission of the renewal. The duration of patents which are granted for inventions already patented outside Iraq, is identical to the term of the patents granted abroad, provided that such a term does not exceed twenty years, and that attested copies of such patents be produced. If the documents are not completed within six months of the date on which the application was submitted, then the application will be cancelled, though a fresh application may be filed and the prescribed fee for its registration paid anew. The validity of a patent of addition ends with the expiry of the term of the original patent.

Annuities: back annuities are due upon grant; then due annually and calculated based on the submission date of the last supporting document.

Annulment: patents can be cancelled and their rights forfeited under the following circumstances: (1) the expiry of the period of protection; (2) issuing of judgment of revocation; (3) non-payment of due fees at maturity date with unacceptable reasons; (4) revocation of patents in accordance with the provisions of the law.

Working – compulsory license: if the invention is not exploited in Iraq within three years of the date of granting, or the exploitation is not adequate for the requirement of the country, or is interrupted for a period of at least two years, then the Registrar may grant a compulsory license. If, within two years from the date of granting the compulsory license, the invention is not exploited, the Registrar may cancel the compulsory license but not the patent.

Revocation: patents can be revoked and their rights forfeited if it appears: (1) that the invention is not novel or that the patent was granted in violation of the Iraqi law or any other law or that the patent was obtained fraudulently or through infringement of the rights acquired by others; (2) that the subject matter of the invention is contrary to public security or morality; (3) that the specification of the invention is not sufficient to describe the nature of the invention or that is does not show the full and actual manner of its use.

Competent court: applications for the revocation of patents under these three items must be made by an action brought before the Administrative Court either by any interested person or by the Court itself.

Infringement and penalties: whoever (1) imitates an invention for which a patent has been granted; (2) imitates an industrial design for which a certificate has been issued; (3) sells or offers for sale and circulation, imports from abroad or possesses with the intention of trading, products which, to his knowledge, are imitated or materials which include an imitated invention or industrial design, whenever the invention or the design is registered in Iraq; (4) unlawfully places on products, advertisements, markings or notifications that will lead to the belief that he has obtained a patent, registered the invention or has used a registered industrial design contrary to the provisions of the law; (5) unlawfully possesses a patent or certificate of industrial design which has already been registered in or outside Iraq, shall be punished with imprisonment for a term not exceeding two years and with a fine.