Behold the formidable assembly of African Intellectual Property Organization (OAPI), where a league of distinguished nations converges in a symphony of intellectual property solidarity. This illustrious roster boasts the inclusion of Benin, Burkina Faso, Cameroon, the Central African Republic, Chad, the Comoros, the Congo, Côte d'Ivoire, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Mali, Mauritania, the Niger, Senegal, and Togo. These nations, in their collaborative prowess, form the backbone of OAPI's commitment to the protection and advancement of intellectual property across the African landscape.
The major requirements and procedure to file a patent application in OAPI are mentioned below:
The designated period for submitting a patent application in African Intellectual Property Organization (OAPI) under the framework of the Patent Cooperation Treaty (PCT) is 30 months from the earliest date of priority.
Within the following organization, the official language for filing patent application is English, French. This ensures accuracy and regulatory compliance, which make a seamless and trouble-free progression through the patenting procedures.
In the OAPI framework, it's crucial to note that there are no extensions available for the late filing of national phase applications or the submission of required translations.
The essential documents required for filing a national phase application include:
In this jurisdiction, no cost exemption is granted.
Every patent application undergoes examination to assess both the unity of the invention and its patentability. Importantly, no specific request is necessary for this examination, as it occurs automatically as part of the standard procedure. This ensures a thorough and comprehensive evaluation of each application, addressing both the coherence of the invention and its eligibility for patent protection.
Payment of annual fees is obligatory for every year following the first anniversary of the international filing date. To ensure continuous protection, these annual fees for subsequent years must be settled in advance, preceding each anniversary of the international filing date. In case of any delay, payment, along with a supplement for late payment, is allowed within six months after the specified due date. This approach is implemented to maintain the patent's validity and underscores the importance of timely financial compliance.
In the African Intellectual Property Organization, it's imperative to note that no extension of the patent term is granted. The patent term remains fixed without any provisions for extension, which is 20 years.
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