Smit & Van Wyk Patent, Trademark & Registered Designs

Mozambique Patents

Patent and PCT National Phase Applications

Mozambique patents may be filed through the Industrial Property Institute (IPI) of Mozambique or through ARIPO where the applicant designates the application to specific contracting states. The payment of annual renewal fees from the 1st anniversary of the filing date will keep your patent in force for a maximum period of 20 years. Mozambique is a member of the Patent Cooperation Treaty (PCT) and the Paris Convention. Applicants who do not have their domicile or head office in Mozambique must elect an agent (registered patent attorney) in Mozambique to perform the patent protection on their behalf. Inventions shall be protected by the following industrial property titles:
1. Patents, granted protection from the patent application filing date;
2. National Phase PCT Application; and
3. ARIPO application or ARIPO Regional Phase PCT application.

Smit & Van Wyk is an Intellectual Property law firm in Africa which specialise in Mozambique patents, ARIPO patents, PCT applications and industrial designs. We work with a network of trusted and knowledgeable agents to develop the best possible solution to each of our clients’ Intellectual Property needs in Africa. Our dedicated team of patent attorneys provide a wide range of patent-related services across multiple industries and fields of technologies, including:

  • Preparing and prosecuting patent and PCT applications.
  • Advising on the patentability of inventions.
  • Helping clients license, franchise or assign their rights.
  • Conducting patent searches.
  • Handling the payment of maintenance fees.
  • Recording amendments to a patent.
  • Translating patent specifications into local languages.

ARIPO Patents

Patent and PCT National Phase filings for ARIPO – an intergovernmental organisation for English-speaking African countries which implements common administrative procedures from a uniform system for the protection of intellectual property. The relevant protocol for ARIPO patents is the Harare Protocol, which 18 States have acceded to:

Botswana, Eswatini, Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Mozambique, Namibia, Rwanda, Sào Tomé and Príncipe, Sierra Leone, Sudan, Tanzania, Uganda, Zambia, Zimbabwe.

Filing Requirements for ARIPO Patent Applications

Patents of Invention (Non-PCT)
Power of Attorney (signed)
Specification, claims and abstract in English.
Drawings, if applicable.
International Patent Classification.
Assignment of Invention.
Priority document with verified English translation.

National Phase PCT Applications:
Power of Attorney (signed)
Specification, claims and abstract in English.
Drawings, if applicable.
International Patent Classification.
Copy of PCT International Publication (required on day of filing)
Copy of International Search Report.
Copy of International Preliminary Examination Report.

PCT National Phase Applications

Mozambique is a member of the Patent Cooperation Treaty. The PCT National Phase entries provide a unified procedure for filing patent applications to protect intellectual property in each of its contracting states. A patent application filed under the PCT is called an international application, or PCT application. A single filing of an international application is made with a Receiving Office (RO) in one language. It then results in a search performed by an International Searching Authority (ISA), accompanied by a written opinion regarding the patentability of the invention, which is the subject of the application. The PCT National Phase entry essentially leads to a standard national or regional patent application, which may be granted or rejected according to applicable law, in each jurisdiction in which a patent is desired. 

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, trade marks 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, trade marks and industrial designs to name a few.

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