Patent Registration in .
The Harare Protocol that works under African Regional Intellectual Property Organization (ARIPO) looks after the patents and industrial designs. ARIPO consists of 18 member states. The member states have seen gradual economic growth in recent years and businesses are entering these markets with new product offerings. Due to increased competition, businesses and individuals alike are coming up with new ways to keep up with the pace. In order to survive in these conditions, you need to keep on innovating. Your inventions are your intellectual property and you must protect them by getting a patent registered
To understand the patent registration process in ARIPO, let’s have a look.
Patent registration services in ARIPO
Counties all over the world follow a first to file system for patents where anyone who files for a patent first will receive exclusive rights over the inventions. To register a patent in ARIPO, the applicant can file an application through IP ARIPO.
The application can also be filed under PCT. Any applicant that files a PCT application automatically designates ARIPO and its member states.
Types of Patents
Types of Patents in ARIPO
Under ARIPO, three types of patents are allowed including plant patents, utility patents, and design patents. To ensure successful patent registration, there are several requirements that you must understand before proceeding with application filing, including:
Inventive: If your invention is obvious to anyone with technical knowledge in the field, your invention is not eligible for a patent; it should be a solution which is entirely new.
Novelty: Your invention should be something that is completely unknown in the public domain, one that no one has ever seen.
Utility/Industrially applicable: If your invention does not fulfill the criteria it is made for then it fails the utility factor. Apart from that, it should be easily applicable in industries.
It is not necessary that every invention will receive a patent. There are different inventions that are not eligible for a patent including mathematical algorithms or models, medical treatments for animals and humans, mental concepts or processes, artistic creations, plans or schemes, principles or theories, and computer programs.
There are three types of patents:
- Utility patent: These consists of new machine, process, or system. The patent document itself contains all the technical information regarding the invention.
- Plant Patent: These are new plant variants that are produced asexually and without harming any plant genes.
How to register a Patent in ARIPO?
You can conduct your own search through the IP ARIPO database if you are experienced. Each member country can be searched through the database. The search will also allow you to know the types of patents available and in which category your invention falls under.
However, if you are inexperienced, it is better if you take help of a registered agent or attorney.
To register for a patent in ARIPO, the application and all of its content can be in any language but once filed, an English translation must be provided within 2 months of filing. For any missing documentation, a notice will be sent to the applicant. The requirements for filing an application are:
- The application fees;
- A grant request
- Description of the claims
- Specifications and details of the patent;
- Drawings (when necessary, for example a design);
- Priority document (if applicable);
- Power of Attorney;
Once filed, the application is checked formally for completeness. For a substantive examination, a request has to be made within 3 years from the date of filing.
- Novelty grace period
The disclosure of an invention at an officially recognized exhibition does not disprove its novelty, if the application is filed within 6 months.
After the examination, if there are no objections or if they are responded to accordingly, the application gets accepted and is published in the journal. This is done for 90 days.
During the time the application is published, any party can file an opposition. Each member state can have its own opposition as well, depending on its own law. If that happens, the applicant has to respond with relevant arguments and proofs to overcome any objections. Failing to do so will result in rejection.
If all the fees are paid and there are no objections, the applicant is notified and a Notice of Allowance is sent. The patent granted is applicable in each of the member states.
The entire process to obtain a patent in ARIPO takes around 2-4 years on average but can take even longer depending on the complexity of the patent.
Price of Patents
Patent registration cost in ARIPO
The cost of obtaining a patent in ARIPO ranges from $500 to $7000. The cost may increase or decrease based on the legal fees of your invention.
Age of Patents
How long does a patent last?
In each member state of ARIPO, patents are valid for 20 years from the date of filing. Annual fees must be paid before each anniversary of the filing date for the following year, at least one month in advance to the ARIPO office. The fees are payable in respect of each designated state. A grace period of 6 months for late payments is also allowed but it is subject to an additional fee.
To keep you invention and intellectual property protected from all sorts of counterfeiting and competitors, it is important to obtain a patent.
At Patent International, we provide hassle-free Patent services catered to your needs, in compliance with the international requirements and standards. Patent registration in ARIPO doesn’t have to be complicated, and that’s why Patent International is here to assist with all of your intellectual property needs.
*What to do? How to do it? When to do it? Will it work?*
If these are the questions that come to your mind when thinking of registering a Patent, you have come to the right place. We, at Patent International, answer these questions and more! Offering multiple Patent services, we guarantee client satisfaction. For expert advice and consultation, contact us now!