Patent registration in Ghana. Ghana, officially the Republic of Ghana, is a country in West Africa. Ghana is an average natural resource enriched country possessing industrial minerals, hydrocarbons, and precious metals. It is an emerging designated digital economy with mixed economy hybridization and an emerging market. It has an economic plan target known as the “Ghana Vision 2020”. This plan envisions Ghana as the first African country to become a developed country between 2020 and 2029 and a newly industrialized country between 2030 and 2039. 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 Ghana.
Patent in Ghana
A patent in Ghana is a legal document that gives the patentee exclusive rights over the invention for a set period of time within a limited area.
An invention in Ghana qualifies for a patent if it is new, involves an inventive step, and is industrially applicable.
According to the Patent Act of Ghana, the following subjects will not be granted a patent in this country:
- discoveries, scientific theories, and mathematical methods;
- methods for conducting business or playing purely mental games;
- inventions contrary to public policy and morality.
It should be noted that the novelty grace period in Ghana is 12 months. This means that a disclosure made to the public within 12 months preceding the filing date of the application will not invalidate the patent application.
The procedure of patent registration in Ghana
To obtain a patent in Ghana, the applicant needs to file their patent application to the IP Office of Ghana.
After receiving the application, within a set period of time, the IP Office will conduct a preliminary examination to ascertain if the application contains a petition for the grant of a patent, the title of the invention, and the particulars of the inventor or applicant, following which a filing date will be accorded.
The patent application will then undergo a formality examination to check if it complies with the formality requirements.
If there are errors, the IP Office will notify the applicant and provide a period of time for amendment.
If there are no errors in formality, the patent application will then undergo a substantive examination to assess the patentability of the invention.
According to the law of Ghana, the decision on a grant of the patent must be issued by the IP Office not later than 2 years after commencement of examination of the application.
The applicant may withdraw or amend the application until the time when a decision is to be made in respect of the application.
After the decision has been announced, if it is positive, a reference of a grant of a patent in the Commercial and Industrial Bulletin will be issued, and a certificate of the grant and a copy of the patent to the applicant will also be provided.
Other methods for obtaining a patent in Ghana
In addition to the above national registration procedure, an applicant who wants to obtain patent protection in Ghana may also do that through the following options:
- Filing a regional patent application with the African Regional Industrial Property Organisation (ARIPO).
- Filing an international application through the Patent Corporation Treaty (PCT) administered by the World Intellectual Property Organisation (WIPO).
You can see a list of Ghana IP firms here.