INTELLECTUAL PROPERTY LOCAL PATENT REGISTRATION

Timeframe

2,5-3 years (if no objections or rejections arise)

Overview

Application for obtaining a patent is a fundamental tool for protection of your invention within the particular territory, granting you an exclusive property rights and preventing others from copying your product or process. If you are not seeking for an international patent protection, then you can file separate national patent applications to the regional patent Offices of the countries in which you prefer to obtain patents. If the sole reason for obtaining a patent for your invention is to own the rights to the intellectual property, we usually suggest to incorporate a company in low maintenance fee jurisdictions, and then to file an application as a legal entity. For a list of potential options, please contact our team members.

If you are a national or resident of a country, which is a member of:

ARIPO HARARE Protocol, host institution: African Regional Industrial Property Organization (ARIPO),

OAPI Bangui Agreement, host institution: African Intellectual Property Organization (OAPI),

Eurasian Patent Convention, host institution: Eurasian Patent Organization (EAPO),

European Patent Convention, host institution: European Patent Office (EPO),

There is an option to file a patent application to a local patent Office in order to obtain a patent in any other member state as well. Once the first patent application for a specific invention is filed, it creates a "priority right", which means that in a 12-month period as from the first filing, the applicant may file subsequent applications to other member states for the same invention claiming that priority right. The filing date of the first application is called the "priority date" and is considered to be the filing date of any subsequent applications.

Before applying for a patent, it is important to define what exactly patents and inventions are.

An invention can be a product, a process, or some kind of a device. To be patentable, it has to be:

• new and unique;
• industrially applicable;
• involve an inventive step.

In general, patent application shall consist of the following, otherwise it will be refused:

• A request for grant;
• A description of the invention;
• One or more claims;
• Drawings if necessary;
• An abstract;
• Fee confirmation document;
• Power of Attorney if the applicant is not the inventor.

If application is accepted after its examination, then initial stages take place:

1. Search report;
2. Publication of the Application;
3. Substantive examination;
4. Grant of a patent.

After – optional stages:

1. Validation - patent must be validated in each of the designed states within a specific period to retain its protective effect.
2. Opposition - patent may be opposed by third parties (e.g. competitors).
3. Limitation/Revocation - may be initiated by the patent proprietor himself at any time after the grant of the patent.
4. Appeal - any decisions of the patent Offices are open to appeal.

Benefits

The benefits of obtaining a local patent include:

• the exclusive right to create the product or to provide a unique service within the particular territory/-ies;
• the legal protection against infringers and dishonest competitors;
• the ability to sell or assign to another person the patent or license its use.

Our services

• Registration of a local company (if required);
• Preparation of a local patent application
• Assistance with drafting any other related materials, e.g. descriptions, claims, abstracts;
• Certified translations of the documents into local languages;
• Carrying out a patent search;
• Filing an application for obtaining a local patent on the basis of POA.

*The total cost may vary since prices depend on the origin of the local company, number of states where you seek protection, amount of translations and on the specific fees that each state applies.

*Our standard price does not include replies to office actions, reacting to third party responses/requests/oppositions with respect to the application.