Within the influential sphere of African Regional Intellectual Property Organization (ARIPO), an impactful coalition emerged, comprising an impressive assembly of precisely 20 Member States. This distinguished gathering, including nations such as Botswana, Cape Verde, Kingdom of Eswatini, The Gambia, Ghana, Kenya, Kingdom of Lesotho, Liberia, Malawi, Mozambique, Namibia, Rwanda, Sao Tome and Principe, Sierra Leone, Seychelles, Sudan, Tanzania, Uganda, Zambia, and Zimbabwe, stands as a testament to the collaborative commitment to advancing intellectual property initiatives across the African continent.
The major requirements and procedure to file a patent application in ARIPO are mentioned below:
The designated period for submitting a patent application in African Regional Intellectual Property Organization (ARIPO) under the framework of the Patent Cooperation Treaty (PCT) is 31 months from the earliest date of priority.
In ARIPO, the official language for filing patent application is English. If the international application is in a different official language, providing a translation into English is mandatory. This ensures accuracy and regulatory compliance, which make a seamless and trouble-free progression through the patenting procedures.
The timelimit for submitting a patent application to the late national phase entry cannot be extended in this particular jurisdiction. However translation can be submitted with an extension of 2 months from the date of filing the national phase application.
The essential documents required for filing a national phase application include:
For applications submitted on or before 1 January 2017, there is no requirement to pay a search or examination fee if the international application has already undergone the process of having an international search report or a preliminary examination report established. In such cases, the fees associated with these procedures are waived for the mentioned applications filed before the specified date.
The Patent Office will conduct or facilitate the substantive examination of patent applications. To initiate this process, a request for examination must be submitted within three years from the international filing date. However, it's important to note that this request comes with a associated fee. If the request is not made within the stipulated three-year timeframe, the application will lapse. Therefore, timely submission of the examination request is crucial to keep the patent application active.
Annual fees for a patent are payable on the eve of each anniversary of the international filing date. The Office ensures timely reminders to the applicant about these payments, providing at least one month's notice before the annual fee is due. Importantly, any annual fee due during the international phase does not require immediate payment; it can be deferred until the expiration of the relevant deadline for entering the national phase. This approach allows applicants flexibility in managing their financial obligations during the patent process.
The patent term for patents in ARIPO is 20 years. However, patent term extension is available in some of the member states is which can be extended upto 5 years, or in exceptional cases upto 10 years.
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