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Intellectual Property

Mozambique
Smit & Van Wyk Patent, Trademark & Registered Designs

Mozambique Patents

Mozambique Patents have a duration of 20 years from date of filing. Mozambique is a member of PCT and the Paris Convention. Mozambique Patents may be filed through the ARIPO union where the applicant may file a single application designating the specific contracting states either directly at ARIPO or through a contracting state. The relevant protocol on Patents for ARIPO is the Harare Protocol, which authorises ARIPO to register Patents on behalf of Harare Protocol Contracting States. 

Types of Patents:

  • Patents of Invention
  • National Phase PCT Application
  • ARIPO application
  • ARIPO Regional Phase PCT application

Novelty:

Absolute novelty required. 

Patentability:  

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

Examination:

Formal examination.

Duration/Renewals:

The patent has a duration of 20 years from date of filing. Annual renewal fees are payable in advance from the first anniversary of the filing date.

Patent Filing Requirements

Non-PCT applications:

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

PCT applications:

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

ARIPO application where Namibia is designated or ARIPO Regional Phase PCT application.

International and Regional Systems

ARIPO

ARIPO is an organisation that facilitates registration and administration of Intellectual Property rights for various African countries. ARIPO is mandated to register marks and the administration of such registered marks on behalf of the Banjul Protocol Contracting States.An applicant may file a single application designating the specific contracting states either directly at ARIPO or through a contracting state.

PCT

Mozambique is a signatory of the Patent Cooperation Treaty (PCT). The Patent Cooperation Treaty ensures that by filing one international patent application, that applicants can simultaneously seek protection for an invention in other PCT member countries. A PCT National Phase entry provides a unified procedure for filing patent applications to protect intellectual property in each of its contracting states.

Paris Convention

Mozambique is a member of the Paris Convention where each contracting state must grant the same IP protection to nationals of other contracting states, and provides for the right of priority in the case of patents, trademarks and designs. The Paris Convention is an international agreement which helps creators ensure that their intellectual property is protected in other countries. It applies to IP in the widest sense as it covers patents, trademarks and industrial designs to name a few.

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