Africa Patents – ARIPO

African Regional Intellectual Property Organisation (ARIPO)

What is ARIPO?

ARIPO formerly ESARIPO (before the reference to English Speaking was dropped) was created as a result of a diplomatic conference held in Zambia in 1976. At a further meeting in Zimbabwe in 1982, the Harare Protocol was adopted in terms of which ARIPO is empowered to grant patent protection and register industrial designs on behalf of its contracting states.

ARIPO is a member of the Paris Convention and it is possible to file an independent patent application claiming Convention Priority. ARIPO is also a member of the PCT and may be designated in a PCT International Application.

ARIPO is mandated to grant patent protection on behalf of the Harare Protocol Contracting States in accordance with the provisions of the Harare Protocol on Patents, Designs and Utility Models.

Membership of ARIPO

Membership in ARIPO is open to all foreign countries that are Member States of the United Nations Economic Commission for Africa. Currently, there are nineteen ARIPO states that may be designated in foreign patent applications, namely:

• Botswana
• Eswatini (formerly Swaziland)
• Gambia
• Ghana
• Kenya
• Lesotho
• Liberia
• Malawi
• Mozambique
• Namibia
• Rwanda
• Sao Tome e Principe
• Seychelles
• Sierra Leone
• Sudan
• Tanzania (mainland)
• Uganda
• Zambia
• Zimbabwe

Unlike OAPI, where single patent protection applications automatically cover all member states and it is not possible to designate the countries of interest, an ARIPO patent application specifically require the applicant to designate each member country where protection is required.

The total of the official fees paid is directly linked to the number of member states so designated. Renewal fees are also directly linked to the number of States designated.

ARIPO PCT:

All of the ARIPO states are also members of the Patent Cooperation Treaty (PCT) and may be designated when entering the ARIPO Regional Phase of a PCT International Application.

If we do not receive instructions specifying the countries that are to be designated when filing, we shall designate all international treaty member states when filing the complete patent application.

The Chapter I and Chapter II deadlines are thirty-one months from the priority date.

Types of Patents:

• Patents of Invention
• ARIPO Regional Phase PCT Application

Novelty

Absolute novelty is required for the product or technical solution. However, novelty will not be destroyed if not earlier than six months before the filing date, the inventor or his successor discloses the invention by exhibiting it at an official or an officially recognised international exhibition.

Patentability

Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the human or animal body are not patentable.

This provision does not apply to products, in particular substances or compositions, for use in any of these methods.

Patent Specifications:

Patents of Invention (Non-PCT):

• Power of Attorney (simply signed) (can be late filed within two months)
• Specification, claims and abstract in English (required on the day of filing)
• Formal drawings, if applicable (required on the day of filing)
• International Patents Classification (can be late filed, no set deadline)
• Assignment of the Invention (can be late filed no set deadline)
• Priority document with verified English translation (can be late filed within three months)
• Sequence listing if patent applications contain disclosure of one or more nucleotide and/or amino acid sequences. The sequence listing must also be submitted in electronic form which conforms to WIPO Standard ST.25

National Phase PCT Applications:

• Power of Attorney (simply signed) (can be late filed within two months)
• Specification, claims and abstract in English (required on the day of filing)
• Formal drawings, if applicable (required on the day of filing)
• International Patent Classification (required on the day of filing)
• Copy of PCT International Publication (required on day of filing)
• Copy of International Search Report (can be late filed, no set deadline)
• Copy of International Preliminary Examination Report (can be late filed, no set deadline)
• Sequence listing if the patent application contains disclosure of one or more nucleotide and/or amino acid sequences. The sequence listing must also be submitted in electronic form which conforms to WIPO Standard ST.25

Grant

The South African patent office is notified of the grant of an ARIPO patent. A patent granted by ARIPO has, in each designated State, the same effect as a patent registered, granted or otherwise having effect under the applicable national law.

The term of a patent in each designated State, is twenty years from the filing date.

Renewal

Renewal fees fall due annually commencing on the anniversary date of the filing date.

Note:

The national Patent law in Lesotho, Malawi, Tanzania and Zambia does not specifically provide for a twenty year term for an ARIPO patent.

Patents filed directly in these countries have shorter terms with the option of applying for extensions. It is our belief that the term of an ARIPO patent in all of the member countries is twenty years without the need to apply for the extensions. However there remains a level of uncertainty in this regard.

View our Patents in Africa service area for more information on how our South African patent attorneys can help you. Our qualified patent attorneys will help you to identify a South African patent, obtain patent protection, submit a provisional patent application, as well as prosecute and enforce patent rights.