PATENTS ACT (as amended) PROTOCOL on Patents and Industrial Designs Within the Framework of the African Regional Industrial Property Organization (ARIPO) Preamble The Contracting States of this Protocol: Having regard to the Agreement on the Creation of an African Regional Industrial Property Organization (ARIPO), concluded in Lusaka (Zambia) on December 9, 1976, and in particular to its Article III(c), in accordance with which the objectives of the Organization include the establishment of such common services or organs as may be necessary or desirable for the co-ordination, harmonization and development of the industrial property activities affecting its members. Considering the advantages to be gained by the pooling of resources in respect of industrial property administration: Hereby agree as follows: SECTION 1 General The African Regional Industrial Property Organization (ARIPO) is empowered to grant patents and to register industrial designs and to administer such patents and industrial designs on behalf of the Contracting States in accordance with the provisions of this Protocol, through its Secretariat (hereinafter referred to as “the Office”). SECTION 2 Filing and Transmittal of Applications (1) Applications for the grant of patents or the registration of industrial designs by the Office shall be filed by the authorized representative of the applicant or by the applicant with the industrial property office of a Contracting State. An applicant may be represented by an attorney, agent or legal practitioner who has the right to represent applicants before the industrial property office of the Contracting State with which the application is filed and, where the applicant’s ordinary residence or principal place of business is outside the country, he shall be so represented. (2) The industrial property office with which the application is filed shall, without delay, transmit that application to the Office. SECTION 3 Patents (1) A patent application shall— (i) identify the applicant; (ii) contain, as prescribed, a description of the invention, a claim or claims, a drawing or drawings, where necessary, and an abstract; (iii) designate the Contracting States for which the patent is requested to be granted; (iv) be subject to the payment of the prescribed fees. (2) (a) The Office shall examine whether the formal requirements for applications have been complied with and shall accord the appropriate filing date to the application. (b) If the Office finds that the application does not comply with the formal requirements, it shall notify the applicant accordingly, inviting him to comply with the requirements within the prescribed period. If the applicant does not comply with the requirements within the said period, the Office shall refuse the application. (c) The Office shall notify each designated State of the fact that a patent application has been filed ss 1–2 which complies with the prescribed formal requirements. (3) The Office shall undertake, or arrange for, the substantive examination of the patent application. If it finds that the invention claimed in the application does not comply with the requirements of patentability referred to in subsection (9), it shall refuse the application. (4) Where under subsection (2) (b) or (3) the Office refuses the application, the applicant may, within the prescribed period, request the Office to reconsider the matter. (5) If the Office decides to grant the patent, it shall notify the applicant and each designated State. Where the examination was based on a search report or an examination report, a copy of the same shall be attached to the said notification. (6) Before the expiration of six months from the date of the notification referred to in subsection (5), a designated State may make a written communication to the Office that, if a patent is granted by the Office, that patent shall have no effect in its territory for the reason— (i) that the invention is not patentable in accordance the provisions of this Protocol; or (ii) that, because of the nature of the invention, a patent cannot be registered or granted or has no effect under the national law of that State. (7) After the expiration of the said six months. the Office shall grant the patent, which shall have effect in those designated States which have not made the communication referred to in subsection (6). The Office shall publish the patent granted. (8) If the Office refuses the application notwithstanding a request for reconsideration under subsection (4), the applicant may, within three months from being notified of such refusal, request that his application be treated, in any designated State, as an application according to the national law of that State. (9) Inventions for which patents are granted by the Office shall be new, shall involve an inventive step and shall be industrially applicable. An invention is new if it is not anticipated by prior art. Everything made available to the public anywhere in the world by means of written disclosure (including drawings and other illustrations) or by use or exhibition shall be considered prior art provided that such making available occurred before the date of filing of the application or, if priority is claimed, before the priority date validly claimed in respect thereof and further provided that a disclosure of the invention at an official or officially recognized exhibition shall not be taken into consideration if it occurred not more than six months before the date of filing of the application or, if priority is claimed, before the priority date validity claimed in respect thereof. (10) On each anniversary of the filing of the application, the Office shall collect the prescribed annual maintenance fee, part of which shall be distributed among the designated States concerned. The amount of the fee shall depend on the number of States in respect of which the application or patent is maintained. Provided it is maintained, a patent granted by the Office shall in each designated State have the same effect as a patent registered, granted or otherwise having effect under the applicable national law but not beyond the maximum duration provided for under the said law. (11) A patent granted by the Office shall in each designated State be subject to provisions of the applicable national law on compulsory licenses, forfeiture or the use of patented inventions in the public interest.