Legal notes to patent registration in Sudan

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Patent registration in Sudan. Sudan, officially the Republic of the Sudan, is a country in Northeast Africa. Sudan’s history goes back to the Pharaonic period, witnessing the Kingdom of Kerma (c. 2500–1500 BC). Back to present days, Sudan was once considered the 17th-fastest-growing economy in the world, and the rapid development of the country largely from oil profits even when facing international sanctions. 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 Sudan.

Patent in Sudan

According to the Sudan law, a patent in this country is a grant of a property right given by the Government to an inventor. With a patent, the inventor, or the patentee will have the right to exclude others from making, using, offering for sale, selling the invention in a country, or importing the invention into a country, along with other rights to protect their best interests.

To be patentable in Sudan, an invention must satisfy the requirement of new, inventive, and industrially applicability.

In addition, an invention that is patentable can also be an improvement on existing items or methods.

On the other hand, the subjects that are unpatentable in Sudan are:

  • Discoveries, laws of nature, and mathematical methods;
  • Aesthetic designs;
  • Systems, rules, and methods for the performance of mental labor, games or management, computer programs;
  • Presentation of data and abstract ideas.

Necessary documents for patent registration in Sudan

The necessary documents for patent registration in Sudan include:

  • The request to grant a patent (patent application);
  • Detailed information on the applicant(s) including the applicant’s names, addresses, 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 for patent registration in Sudan

To obtain a patent in Sudan, the applicant needs to file their patent application to the IP Office of Sudan.

After receiving the patent application, the examiners will conduct a formality examination to check if it complies with the requirement of the law or not.

When the official fees are paid, the patent is granted to the applicant and the publication of such granting will be made public in the Official Gazette.

Once granted, the patent is valid for 20 years from the filing date. Annuities paid yearly are the conditions to maintain such validity on Sudan territory.

Late payment of 6 months after the deadline of payment is possible with a corresponding surcharge.

Sudan has been a party to the Patent Cooperation Treaty (PCT) as of April 16, 1984. Therefore, besides the traditional national filing method, the applicant can choose to register the patent application through the PCT to obtain patent protection in all of the PCT signing countries.

For PCT patents, the anniversary date of annuity payments is calculated from the International filing date.

You can see a list of Sudan IP firms here.

 

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