Patent registration in Congo. The Democratic Republic of the Congo is a country in Central Africa. The Democratic Republic of the Congo is extremely rich in natural resources. The Democratic Republic of the Congo (DRC) is the world’s largest producer of cobalt ore and a major producer of copper and diamonds. The latter comes from Kasai province in the west. By far the largest mines in the DRC are located in southern Katanga province (formerly Shaba), and are highly mechanized, with a capacity of several million tons per year of copper and cobalt ore, and refining capacity for the metal ore. The DRC is the second-largest diamond-producing nation in the world, and artisanal and small-scale miners account for most of its production. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of patent registration in Congo.
Subjects that are unpatentable in Congo
Subjects that are unpatentable in Congo are:
- Theoretical or purely scientific principles and conceptions.
- Creations that are purely ornamental in character.
- Financial or accounting methods, the rules of games, and all other systems have an abstract character, including, in particular, programs or a series of instructions for carrying out the operations of a computer.
- The subject matter, the publication or use of which would be contrary or present a threat to public order, the security of the state, or public decency.
- The discovery of an object that already exists in nature.
Necessary documents for patent registration in Congo
The necessary documents for patent registration in Congo include:
- The request to grant a patent (patent application);
- Detailed information on the applicant(s) including the applicant’s and inventor’s names, addresses, citizenships, etc.;
- A description of the invention;
- A signed and stamped power of attorney by the applicant(s);
- A copy of the amendments (if any);
- Priority documents (if any).
- Other required documents.
The priority claim must be submitted within 12 months from the date of filing of the earlier application.
The procedure of patent registration in Congo
To obtain a patent in Congo, the applicant needs to file their patent application to the IP Office of Congo.
The patent application, after submission, will undergo a formal examination to check if it complies with the formality requirements.
Amendments can only be filed within five months of the filing date.
In Congo, there is no official opposition period by law. Nonetheless, third parties who want to oppose the registration of the invention may request the competent court to nullify a granted patent on the ground that it does not comply with the requirements of the Law.
If the patent application is qualified, it will be registered and the applicant will receive the patent certificate after 2-3 years from the filing date.
Once a patent has been granted, it is published in the Official Gazette of Congo. On publication, it becomes enforceable against third parties.
Patent validity
A patent in Congo will have a validity period of 20 years from the filing date.
Particularly, patents of an invention relating to pharmaceuticals are granted for a maximum term of 15 years.
Maintenance fees per year are payable on granted patents and pending applications.
You can see a list of Congo IP firms here.