Patent registration in Ethiopia. Ethiopia, officially the Federal Democratic Republic of Ethiopia, is a landlocked country in the Horn of Africa. Ethiopia is a multiethnic state with 80 different ethnic groups. Christianity is the largest religion followed by Islam. This sovereign state is a founding member of the UN, the Group of 24 (G-24), the Non-Aligned Movement, the G77, and the Organisation of African Unity. Addis Ababa is the headquarters of the African Union, the Pan African Chamber of Commerce and Industry, the United Nations Economic Commission for Africa, the African Standby Force, and many of the global NGOs focused on Africa. Ethiopia is classified as a developing country, with a growth rate of 9.4% from 2010 to 2020. 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 Ethiopia.
Patent in Ethiopia
According to the Ethiopian patent act (Proclamation Concerning Inventions, Minor Inventions and Industrial Designs Proclamation No. 123/1995), a patent in Ethiopia is an invention that is new, involves an inventive step, and is industrially applicable
If an invention satisfies these three conditions, it will be patentable.
In rare circumstances, if two or more persons have jointly made an invention, i.e. the inventor is not a sole individual or organization, the right to the patent shall belong to all parties involved.
On the other hand, the non-patentable inventions in Ethiopia are:
- Inventions that are contrary to public order on morality.
- Plant or animal varieties or essentially biological processes for the production of plants or animals.
- Schemes, rules, or methods for playing games or performing commercial and industrial activities and computer programs.
- Discoveries, scientific theories, and mathematical methods.
Necessary documents for patent registration in Ethiopia
The necessary documents for patent registration in Ethiopia 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 procedure of patent registration in Ethiopia
To be patentable in Ethiopia, the applicant needs to file their patent application to the Ethiopian patent office, the Ethiopian Intellectual Property Office, i.e. the office entrusted with the powers of registration and protection of Intellectual property rights.
After receiving the patent application, the examiners at the intellectual property office of Ethiopia will conduct a formal and substantive examination of the application.
If there are no issues in both the examination processes, the patent will be granted. Specifically, the Patent Office will conduct the following actions:
- Publish a reference to the grant of the patent in the official gazette.
- Issue a certificate of the grant of the patent and a copy of the patent.
- Make a record of the patent.
- Make available copies of the patent to any person on payment of the prescribed fees.
After successful registration of the invention, the patentee will have the right to transfer the rights to the patent either by sale or inheritance or any other means in accordance with Ethiopian law.
Such transfer shall be recorded with the commission, upon payment of fees prescribed in the regulations.
The patent in Ethiopia will have a validity date of 15 years. However, this period may be extended for a further 5 years period provided that proof is furnished that the invention is being properly worked in Ethiopia.
You can see a list of Ethiopia IP firms here.