Intellectual Property

Africa
Smit & Van Wyk Patent, Trademark & Registered Designs

ARIPO Patents & Designs

The relevant protocol on patents and designs for ARIPO is the Harare Protocol. The organisation is also a member of the Paris Convention and of the PCT. The Harare protocol authorises ARIPO to register patents and designs on behalf of the contracting states. ARIPO Applications specifically require the applicant to designate those member states where protection is required. Currently the states which have acceded to the Harare Protocol and who may therefore be designated in a patent or design application are:

Botswana, Eswatini (formerly Swaziland), Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Mozambique, Namibia, Rwanda, São Tomé and Príncipe, Seychelles, Sierra Leone, Sudan, Tanzania (mainland), Uganda, Zambia and Zimbabwe.

Patents

Types of Patents:

  • Patents of Invention
  • National Phase PCT Application

Patent Filing Requirements:

Non-PCT applications:

  • Simply signed Power of Attorney (must be filed within 2 months of the filing date)
  • Specification, claims, drawings and abstract with English translation (required upon filing)
  • International Patent Classification (can be late filed)
  • Deed of assignment (can be late filed)
  • Certified copy of the priority document (if applicable) with verified English translation (must be filed within 6 months of the filing date)

PCT applications:

  • Simply signed Power of Attorney (must be filed within 2 months of the filing date)
  • Specification, claims, drawings and abstract with English translation (required upon filing)
  • International Patent Classification (required upon filing)
  • Published International application (required upon filing)
  • International Search Report and International Preliminary Report on Patentability (can be late filed)

Novelty:

Absolute novelty required.

Patentability:  

Methods of medical diagnosis, treatment or surgery are not patentable.

Patent Examination:

Substantive examination to be requested within 3 years of filing in ARIPO.

Patent Duration / Renewals:

The patent has a duration of 20 years from date of filing. Annual renewal fees are payable from the first anniversary of the filing date. Renewal costs are based on the number of states designated.

International and Regional Systems:

  • Paris Convention
  • PCT

Designs

Types of Designs:

  • Industrial Designs

Design Filing Requirements:

  • Power of Attorney (can be late filed)
  • Drawings or photographs of the design (required upon filing)
  • Certified copy of priority document (if applicable) (must be filed within 3 months of the filing date)
  • Sworn translation of Priority Document if not in English (must be filed within 3 months of the filing date)
  • Deed of assignment (can be late filed)

Design Duration / Renewals:

The design has an initial term of 10 years from date of filing, with a possible extension of a further term of 5 years.

International and Regional Systems:

  • Paris Convention

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