PCT NATIONAL PHASE ENTRY
Burkina Faso

Burkina Faso has been a Contracting Party to the Paris Convention for the Protection of Industrial Property since November 19, 1963, and to the Patent Cooperation Treaty (PCT) since March 21, 1989. Additionally, Burkina Faso is a signatory to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure and the Patent Law Treaty (PLT). 

Burkina Faso is a member of the African Intellectual Property Organization (OAPI), which serves as the regional intellectual property authority for 17 African member states. Patent applications in Burkina Faso are filed through OAPI, as there is no separate national patent system. Patents granted by OAPI are valid in all member states, including Burkina Faso. 

In Burkina Faso, National phase applications must be filed through OAPI within 30 months from the priority date of the PCT application. 

Burkina Faso doesn’t have its own patent office, so patent applications must be filed in French or English through OAPI, and translations cannot be submitted later. 

In Burkina Faso, there are no extensions for late filing of national phase applications or submission of translations, but in some cases, rights can be restored with a valid reason through a complex and expensive process. 

Documents required to file the national phase application in the said country are as follows:

• Power of Attorney: If the applicant is not a resident of an OAPI member state, an agent must be appointed. The agent represents the applicant in all patent matters within the OAPI system, ensuring proper communication and compliance with procedures. The Power of Attorney can be submitted up to three months after the application filing date. 

• Translation: A translation of the priority document into English or French is required for submission. 

• Assignment Deed: An assignment deed is required when the applicants for a priority application are different. It formalizes the transfer of priority rights from one party to another, ensuring proper recognition of the new ownership or rights. 

Burkina Faso, through OAPI, does not offer specific cost exemptions for patent applications.

When a patent application is submitted, it is examined to ensure the unity of the invention and its patentability. No separate request is required for this examination, as it is conducted automatically as part of the standard procedure. 

When a patent application is filed, annual fees must be paid every year after the first anniversary. To keep the patent active, fees should be paid before each anniversary. If there's a delay, payment is allowed within a six-month grace period with a late fee. Timely payment is essential to maintain the patent's validity. 

In the African Intellectual Property Organization, the patent term is 20 years and cannot be extended. There are no provisions to extend the patent beyond this period. 

In the 2024 Global Innovation Index (GII), Burkina Faso is ranked 129th out of 133 economies and 23rd among 27 economies in Sub-Saharan Africa. The country ranks 124th in innovation outputs, reflecting progress compared to the previous year. Burkina Faso shows notable strengths in several areas, including loans from microfinance institutions as a percentage of GDP (ranked 14th), ICT services imports as a share of total trade (ranked 34th), and education expenditure as a percentage of GDP (ranked 35th).

The country also performs well in key pillars such as Human Capital and Research (103rd), Institutions (105th), and Market Sophistication (115th). The Global Innovation Index provides valuable insights into Burkina Faso’s innovation performance, helping to highlight areas of strength and opportunities for continued growth and development. 

Burkina Faso is a low-income, landlocked country in West Africa, dependent on agriculture and gold mining. Over 40% of the population lives below the poverty line, and social exclusion, especially for women, is a major issue. The country faces political instability, military coups, and security concerns from Islamist attacks. Burkina Faso ranks 185th out of 193 countries in the Human Development Index (HDI), reflecting its challenges in health, education, and living standards. Despite its economic potential in agriculture and mining, the country needs political stability and social reforms to improve living conditions.