DEMOCRATIC REPUBLIC OF CONGO (FORMERLY ZAIRE)

HOW TO REGISTER A PATENT

Patent protection is obtainable via a national filing.  The DRC is a member of the International Convention, but is not a member of PCT.

The requirements for filing an application in the DRC are as follows:

1. A Power of Attorney;
2. An Assignment of Invention (if necessary);
3. A copy of the specification (including claims, drawings, and abstract) in French; and
4. A certified copy of the priority application with a sworn French translation of the first page of the priority application (if necessary).

With respect to item (c), the specification can be filed in English provided a French translation thereof is lodged within 3 months of filing.  Items (a), (b), and (d) can also be lodged within 3 months of filing.

Our cost estimate for filing a patent application in the DRC is about US$ 3850.00 (excluding translation costs, if necessary). To this must be added surcharges of about US$ 450.00 per priority claim.

Should it be required, we can assist with the preparation of any translation from English to French at a cost of US$ 30.00 per 100 words.

Should it be required, we can also assist with the preparation of a sworn French translation of the first page of the priority application at a further cost of about US$ 150.00 (provided we are provided with an English version of such page).

It is possible to file a Patent of Importation in the Democratic Republic of the Congo (DRC) based on any granted patent.  There is no deadline in this respect.

The requirements for filing a Patent of Importation in the DRC are as follows:

1. A Power of Attorney, simply signed;
2. A copy of the description, claims, drawings, and abstract in French; and
3. A certified copy of the granted patent on which the Patent of Importation is based together with a sworn French translation of the first page thereof.

Item (c) is required upon filing.  Items (a) and (b) can be lodged within 3 months of filing.

Our cost estimate for filing a Patent of Importation in the DRC is about US$ 2600.00 (excluding translation costs, if necessary).  To this must be added surcharges of about US$ 350.00 per priority claim.

Should it be required, we can assist with the preparation of any translation from English to French at a cost of US$ 30.00 per 100 words.

Should it be required, we can also assist with the preparation of a sworn French translation of the first page of the certified copy of the granted patent on which the Patent of Importation is based at a further cost of about US$ 150.00 (if we are provided with an English version of such page).

HOW TO REGISTER A TRADE MARK

1.   Filing requirements

1. Full name, street address and description of the applicant (including trading style, if any, and state/country of incorporation, if incorporated).
2. List of goods and/or services.
3. A simply signed power of attorney.
4. Electrotype (may be obtained locally) and clear print of device mark.
5. If priority is claimed: a certified copy of home application/ registration together with verified French translation.

2.   Classification

1. The 45 classes of the International Classification of goods and services are followed.
2. Multi-class - Yes.

3.   General

1. Duration : 10 years from filing date and renewal for further periods of 10 years (even if priority is claimed, the date is still calculated from application date).
2. Use :  compulsory within a period of three years commencing with registration.
3. Marking: No provision.
4. Licenses: Must be registered.
5. Assignments: Of applications are permitted.

HOW TO REGISTER A DESIGN

Design protection is obtainable via a national filing. The DRC is a member of the International Convention.

The requirements for filing an application in the DRC are as follows:

1. Power of Attorney;
2. Formal drawings;
3. Assignment of Design; and
4. Certified copy of the priority application with a sworn French translation of the first page thereof.

Please note that the documents listed under item (b) are required on the day of filing.  Items (a), (c) and (d) can be late lodged within 3 months of filing.

Our cost estimate for filing a design application in the DRC is about US$ 2600.00.  To this must be added surcharges of about US$ 120.00 per priority claim.

Should it be required, we can assist with the preparation of a sworn French translation of the first page of the priority application at a further cost of about US$ 150.00