African Patent Protection

The African Regional Intellectual Property Organization (ARIPO) is a regional organization for intellectual property protection in English speaking countries in Africa. At present, it has 19 member countries, namely Botswana, Gambia, Ghana, Kenya, Lesotho, Malawi, Mozambique, Namibia, Sierra Leone, Liberia, Rwanda,  Sao Tome and Principe, Somalia, Sudan, Eswatini, Tanzania, Uganda, Zambia and Zimbabwe. Its headquarters are located in Harare, the capital of Zimbabwe.

In December 1982, the ARIPO Administrative Council adopted the Harare Protocol. According to the Harare Protocol, a patent application or design registration application only needs to submit one application to designate any member state that wishes to protect the invention or design.

ARIPO Introduction to Intellectual Property Organizations in Africa

The African Regional Intellectual Property Organization (ARIPO) is a regional organization for intellectual property protection in English speaking countries in Africa. It currently has 19 member countries and is headquartered in Harare, the capital of Zimbabwe.

In December 1982, the ARIPO Administrative Council adopted the Harare Protocol. The Protocol came into effect in April 1984, authorizing the ARIPO Office to accept and process patent, design, and utility model applications on behalf of the member states of the Protocol.

According to the Harare Protocol, a patent application or design registration application only needs to submit one application to designate any member state that wishes to protect the invention or design. The protocol requires the application to be submitted either in one of the contracting states or directly at the ARIPO office.

The applicant submitting a PCT application may designate ARIPO, which means designating all countries that are members of both the Harare Protocol and the PCT. ARIPO Office is also the receiving office for PCT applications, and can be selected in any PCT application.

website：aripo.org

Telephone：+263 4 794065 – 68

+263 773 559987（mobile phone）

Fax：+263 4 794072 / 3

Email：mail@aripo.org

address：11 Natal Road, Belgravia, PO Box 4228, HARARE, Zimbabwe

Introduction to Intellectual Property Trademark Registration in Africa

3.1 Definition

Patents typically aim to cover products or processes that possess or contain new functionalities or technological aspects; Therefore, patents involve topics such as how to work, what to do, how to do it, what they are made of, or how they are made.

3.2 Conditions for Granting Patents

Novelty: Prior to the patent application date, no part of the world may disclose the invention in any way.

Creativity: An invention involves creative steps that are not obvious to those with a good knowledge background and experience in the field compared to what is already known.

Industrial applicability: The invention must be able to be manufactured or used in a certain industry. Items or programs that clearly violate physical laws are considered non industrial, such as perpetual motion machines. The significance of ‘industry’ lies in its broadest meaning, which is different from pure knowledge or artistic behavior. It does not necessarily mean the use of machines or the manufacture of goods, but also includes agriculture.

3.3 Object not protected by patent

Discovery;

Scientific theories and computational methods;

Artistic creation;

Plan;

The rules and methods of intellectual activities;

Game or business plan;

Computer programs;

Data materials;

The application of inventions in commercial activities would violate “public order” or morality;

Varieties of animals and plants or the processes involved in their production (excluding those produced by microorganisms);

The method of treating the body of a person or animal through surgery, treatment, and diagnosis (excluding the products used, especially objects or combinations of objects).

3.4 Patent rights

A patent is granted to the inventor, granting the inventor a limited period of time and prohibiting others from manufacturing, using, or selling the invention without the inventor’s permission. When a patent is granted, the invention becomes the property of the inventor, just like any other form of property or commercial asset, and can be bought, sold, rented, or employed.

3.5 Protection period

After registering a patent with the African Regional Intellectual Property Organization (ARIPO), it is valid for 20 years from the date of application.

Trademark registration procedures in Africa

4.1 There are two ways to apply for an ARIPO patent

Firstly, filing a PCT patent application and designating ARIPO means designating all countries that are members of both the Harare Protocol and the PCT. Currently, all contracting parties to the Harare Protocol have signed the PCT agreement.

Secondly, submission directly to the ARIPO office or to the intellectual property office of any contracting state shall have equal legal effect.

4.2 Procedure for submitting patent applications directly to ARIPO office

1.Submit an application

You can submit a paper application or an electronic application.

The patent application materials should include:

(1) The applicant’s name, address, and application date.

(2) The patent specification includes the following items:

The name of the invention;

The field involved in the invention;

Background technology in related fields;

Try to introduce the invention in an easily understandable way and explain its superiority over the background technology;

Briefly describe the numbers in the attached figure;

The best solution envisioned by the applicant for implementing the invention;

Clearly state the non obviousness and industrial applicability of the invention.

(3) Claims document.

Require clarity and conciseness, and use the patent specification as a basis. If there are multiple claims, Arabic numerals should be used for consecutive numbering.

(4) Drawings (if necessary).

(5) Sequence table (if necessary).

(6) Summary.

(7) Designate the contracting state that grants the patent.

(8) Proof of payment.

(9) Proxy Authorization Letter (if any).

All application documents must be in English. If a portion of the application is in a language other than English, a correct English translation is required.

2.Review

Formal review:

After receiving the patent application, the ARIPO office will determine that the application meets the format requirements and grant a filing date. And notify the patent applicant and the designated contracting state.

If the patent application does not meet the format requirements, the ARIPO office will notify the applicant to make modifications.

3.Substantive examination:

When the application meets the requirements of substantive examination, a copy of the application is sent to each designated contracting state. Contracting parties may notify ARIPO within 6 months based on the reasons stipulated in the Harare Protocol that if ARIPO grants a patent, the authorization will not be effective within their territory.

If the patent application is rejected, the applicant may file a request for re examination within 2 months from the date of receipt of the notification; Alternatively, within 3 months from the date of receipt of the notification, the applicant may request to submit a patent application in accordance with the domestic laws of the designated country; Alternatively, the applicant may file an appeal with the Appeals Committee within 3 months from the date of receipt of the notice.

Before a patent is granted or refused, the patent application can be converted into a utility model application after the applicant pays the prescribed fee, and the application date can be calculated based on the initial application date. It can only be converted once.

4.Announcement and Registration

The 6-month examination period has expired, and the invention has been granted a patent after passing the examination. ARIPO will be published in official journals, and patent registrations will be recorded in the patent registry. Patent authorization certificates and copies will be issued to patent owners, and copies of patent authorization certificates and copies will be sent to each designated country.

Introduction to Trademark Office Fees in Africa

For more fee information, please refer to the ARIPO fee schedule.