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ARIPO PATENT REGISTRATIONS

ARIPO is the African Regional Industrial Property Organisation for English-speaking Africa. The member countries are Botswana, Gambia, Ghana, Kenya, Lesotho, Liberia (from 24 March 2010), Malawi, Mozambique, Namibia, Rwanda (from 24 September 2011), Sierra Leone, Sudan, Swaziland, Tanzania, Uganda, Zambia, and Zimbabwe. Please note that protection can alternatively be obtained on an individual basis in any of these countries via a national application in such country.

ARIPO is a member of the International Convention and of the PCT.

The deadline for PCT Regional Phase Entry is 31 months from the priority date.

The requirements for filing a non-PCT application in ARIPO are as follows:

(a) ARIPO Power of Attorney (simply signed) - can be late filed within two months;
(b) Specification, claims, drawings, and abstract in English - required on the day of filing;
(c) ARIPO Assignment of Invention - can be late filed, no set deadline; and
(d) Priority document with verified English translation - can be late filed, within 3 and 6 months, respectively.

The requirements for filing a PCT application in ARIPO are as follows:

(i) Power of Attorney (simply signed) - can be late filed within two months;
(ii) Specification, claims, drawings, and abstract in English - required on the day of filing;
(iii) Assignment of Invention - can be late filed, no set deadline;
(iv) Copy of PCT International advertisement - required on day of filing;
(v) Copy of International Search Report - can be late filed, no set deadline; and
(vi) Copy of International Preliminary Examination Report - can be late filed, no set deadline.

It is possible to designate the ARIPO member states to which the application applies. In other words, an applicant can decide which states to designate. We estimate that the cost of filing a patent application in ARIPO will be between about US$ 2200.00 and US$ 2400.00 (excluding translation fees, if necessary). To this must be added the fees for claiming each priority date at about US$ 60.00 per priority claim, and the designation fees at about US$ 180.00 per member state designated.

Furthermore, please note that for PCT applications the first renewal fee may be due upon filing (due retrospectively on the first anniversary of the international filing date, where applicable) at a further cost of about US$ 350.00 for the first member state designated plus about US$ 50.00 for each successive member state designated.

If the PCT application claims no priority, the second renewal fee may also be due upon filing (due retrospectively on the second anniversary of the international filing date, where applicable) at a further cost of about US$ 375.00 for the first member state designated plus about US$ 75.00 for each successive member state designated.

Please note that this cost estimate excludes the search and examination fee which at present is approximately US$ 1300.00 (sometimes not necessary on PCT national phase applications if a clear IPER has been issued and accepted by ARIPO) and the grant and publication fee which at present is about US$ 1500.00, both of which are only payable at a later date.

Please note further that surcharges for claims in excess of 10 (about US$ 60.00 per claim) are payable and surcharges are also payable on the length of the specification (pages over 30 at about US$ 25.00 per page). These surcharges are payable with the grant and publication fees i.e. not at the time of filing.

ARIPO DESIGN REGISTRATIONS

ARIPO is the African Regional Industrial Property Organisation for English-speaking Africa. The member countries are Botswana, Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Mozambique, Namibia, Rwanda, Sierra Leone, Sudan, Swaziland, Tanzania, Uganda, Zambia, and Zimbabwe. Please note that protection can alternatively be obtained on an individual basis in any of these countries via a national application in such country.

ARIPO is a member of the International Convention.

The requirements for filing a design application in ARIPO are as follows:
(a) ARIPO Power of Attorney (simply signed) - can be late filed within 2 months;
(b) 6 sets of formal drawings - required on the day of filing;
(c) ARIPO Assignment of Design - can be late filed, no set deadline; and
(d) Priority document with verified English translation - can be late filed within 3 months and 6 months, respectively.

It is possible to designate the ARIPO member states to which the application applies. We estimate that the cost of filing a design application in ARIPO will be between about US$ 1500.00 and US$ 1700.00. To this must be added the fees for claiming each priority date at about US$ 60.00 per priority claim, and the designation fees at about US$ 60.00 per member state designated.

ARIPO TRADEMARK REGISTRATIONS

Member States:
Botswana, Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Mozambique, Namibia, Sierra Leone, Sudan, Swaziland, Tanzania, Uganda, Zambia and Zimbabwe.
National trade marks may be covered in each country.* *

Please note that although there are 16 contracting states of ARIPO, only Botswana, Lesotho, Liberia, Malawi, Namibia, Swaziland, Tanzania, Uganda and Zimbabwe have amended their national legislation to recognise rights arising from an ARIPO registration.

1. Filing requirements

1.1 Full name, street address and description of the applicant (including trading style, if any, and state/country of incorporation, if incorporated).

1.2 List of goods and/or services.

1.3 A simply signed power of attorney.

1.4 Twelve prints for a device mark - not exceeding 9 cm x 9 cm

1.5 If Convention priority is claimed, a certified true copy of priority documents, together with a verified English translation if appropriate

2. Classification

2.1 The 42 classes of the International classification of goods and services are followed for Botswana, Lesotho, Namibia, Tanzania and Zimbabwe. The 34 classes of the International classification of goods are followed for Malawi and Uganda.

2.2 Paris Convention priority may be claimed when application is filed.

2.3 Multiclass - YES

3. General

3.1 Duration: 10 years from date of application and renewable for further periods of 10 years.

3.2 Use: Determined on a purely national basis. In most contracting countries, within five years of registration and thereafter, non-use for a continuous period of five years or longer may render a registration vulnerable to removal by an aggrieved party. 3.3 Marking: Not compulsory but highly recommended.

3.4 Licenses: Are permitted

3.5 Assignments: Assignment of applications permissible

4. Costs (US$)

4.1 Application: 1 mark in 1 class designating 1 state $1100.00 additional states amounting to $165.00 per state.

4.2 Application: Additional classes filed simultaneously $100.00 per state.

4.3 Additional charges will be levied for advertisement and registration fees which are in the region of $300.00 per application per state.

4.4 Claiming priority: $100.00 each

4.5 Assignment: First trade mark (1 to 9 states) $560.00, additional marks filed simultaneously $210.00 each.

4.6 Preparation of documents $130.00.

4.7 Recordal of change of name or address: First trade mark (1 to 9 states) $330.00, additional marks filed simultaneously (1 to 9 states) $140.00 each.

4.8 Licenses: First trade mark (1 to 9 states) $560.00, additional marks (1 to 9 states) filed simultaneously $170.00 each.

4.9 Renewal: One mark/class - per state $910.00, additional classes renewed simultaneously - per state $340.00 each.

4.10 Searches: From $460.00

* Please also note that Malawi and Uganda do not have service marks. *

*** Above quotations exclude courier charges ***