Patent Information
International and Regional Arrangements:
- Paris Convention: Yes
- PCT: Yes (national phase deadline is 30 months from the priority date)
Member States (17):
- Benin, Burkina-Faso, Cameroon, Central African Republic, Chad, Comoro Islands, Congo (Republic of), Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Ivory Coast, Mali, Mauritania, Niger, Senegal and Togo
- An OAPI application automatically extends to all member states and it is not possible to select only some member states
- A granted OAPI patent is automatically effective in each member state, and no post-grant validation procedure is required
Filing Requirements:
- Published PCT application, or English or French specification, claims and abstract if non-PCT (required on day of filing)
- English or French translation of PCT specification if not in either of these languages (can be filed within 3 months)
- Power of Attorney, simply signed (can be filed within 3 months)
- International Search Report and International Preliminary Report on Patentability for national phase applications (no set deadline)
- Assignment of Invention, simply signed (if not lodged in the international phase) (can be filed within 3 months)
- Certified priority document (if not lodged in the international phase), and a verified English or French translation thereof for non-PCT applications (can be filed within 6 months)
Novelty: Absolute novelty is required
Patentability: Methods of medical treatment, surgery or diagnosis are not patentable
Excess Fees: Excess fees are incurred for specifications in excess of 10 pages and for more than 10 claims, payable at time of filing
Examination: As to form only
Term of Patent: 20 years from the effective filing date
Renewals: Payable annually in advance from the first anniversary of the effective filing date
Trade Mark Information
International and Regional Arrangements:
- Madrid Protocol: Yes
- Paris Union: Yes
OAPI is the regional filing system which covers mostly West-African French-speaking countries and works well for trade marks.
Member States (17):
- Benin, Burkina-Faso, Cameroon, Central African Republic, Chad, Comoros Islands, Congo (Republic of), Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Ivory Coast, Mali, Mauritania, Niger, Senegal and Togo
- One trade mark application covers all member states and it is not possible to obtain national registrations other than by way of an OAPI application
Types of Trade Marks:
- Goods and services
- Collective marks
- No provision for defensive marks or series marks
Classification: The International Classification of Goods and Services (Nice Classification) is applied.
Filing Requirements:
- Particulars of Applicant (name, address and nationality)
- Power of Attorney
- Representation of the mark
- List of goods and / or services
- Certified copy of the priority document
Duration: The trade mark is registered 10 years from the filing date
Renewal: Renewable every 10 years
Please contact us for further information on OAPI.
General OAPI Information
International / Regional Conventions:
- Berne Convention (all countries are members)
- Hague Agreement Concerning the
- International Registration of Industrial Designs
- International Convention for the Protection of New Varieties of Palnts
- Nice Agreement on Classification of Marks (only Benin and Guinea are members)
- Paris Convention (all countries are members)
- Patent Cooperation Treaty (all countries are members)
- Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
- Singapore Treaty on the Law of Trademarks
- WIPO Convention (all countries are members)
- WIPO Copyright Treaty (only Benin, Burkina, Faso, Gabon, Guinea, Mali, Senegal and Togo are members)
- WTO/TRIPS (all countries are members except Equatorial Guinea)