PCT NATIONAL PHASE ENTRY
OAPI

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:

DEADLINE TO FILE PATENT APPLICATION

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.

LANGUAGE TO FILE NATIONAL PHASE APPLICATION

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.

EXTENSION FOR LATE ENTRY INTO NATIONAL PHASE

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.

REQUIREMENTS FOR FILING PATENT APPLICATION

The essential documents required for filing a national phase application include:

  • Power of Attorney: in situations where the applicant is not a resident in a member state of OAPI (African Intellectual Property Organization), the appointment of an agent is necessary. This agent serves as the official representative for the applicant regarding matters related to the patent application within the OAPI framework. this appointment ensures proper communication and compliance with the established procedures for non-resident applicants.
  • Translation: the translation of a priority document into English or French is required.
  • Assignment Deed: it is necessary when the applicants for a priority application are not identical. This legal document formalizes the transfer of priority rights from one entity or individual to another. It ensures that the rights associated with the priority application are properly conveyed and recognized, especially in cases where there are multiple applicants involved and changes in ownership or rights have occurred.

COST EXEMPTION AVAILABLITY FOR NATIONAL PHASE FILING

In this jurisdiction, no cost exemption is granted.

REQUEST FOR EXAMINATION

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.

RENEWAL FEE

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.

PATENT TERM

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.

Disclaimer: The information available on this portal is solely for your kind perusal and general interest only. All the information on the portal is provided in good faith and therefore should not be relied upon or construed as a legal advice. If you find and/or encounter any errors, inaccuracies or discrepancies in such information, please write us.