Legal notes to patent registration in Zimbabwe

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Patent registration in Zimbabwe. Zimbabwe, officially the Republic of Zimbabwe, is a landlocked country located in Southeast Africa. Minerals, gold, and agriculture are the main foreign exports of Zimbabwe. Tourism also plays a key role in its economy. The mining sector remains very lucrative, with some of the world’s largest platinum reserves being mined. The Marange diamond fields, discovered in 2006, are considered the biggest diamond find in over a century. 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 Zimbabwe.

Patent in Zimbabwe

According to Zimbabwe 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 Zimbabwe, an invention must satisfy the requirement of new, inventive, and industrially applicable.

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 Zimbabwe 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 Zimbabwe

The necessary documents for patent registration in Zimbabwe 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 Zimbabwe

To obtain a patent in Zimbabwe, the applicant needs to file a patent application to the IP Office of Zimbabwe – Department of Deeds Companies & Intellectual Property.

In Zimbabwe, the law on IP requires absolute novelty to be patentable. This means that the invention of the patent application must not be disclosed anywhere in the world, whether intentionally or unintentionally.

The invention must not form part of the prior art (all the relevant technical knowledge available to the public anywhere in the world prior to the first filing date of the relevant patent application).

After careful examination, the patent application will be published publicly in the IP Gazette of the country.

Within 3 months after the publication date, any third parties who feel like their rights are violated may file an opposition to the registration of the patent application.

If there is opposition, it has to be dealt with and clarified before proceeding to the granting of patent in Zimbabwe.

In addition to opposition, even when granted, the patent can still be revoked upon an application to the High Court of Zimbabwe or the Intellectual Property Tribunal.

A patent granted in Zimbabwe through the national filing method or through the ARIPO designating Zimbabwe grants patent protection within this jurisdiction.

If choosing to file through the ARIPO, besides Zimbabwe, the applicant can also seek protection within the other 19 countries of the ARIPO which are: Botswana, Cape Verde, Kingdom of Eswatini, The Gambia, Ghana, Kenya, Kingdom of Lesotho, Liberia, Malawi, Mozambique, Namibia, Rwanda, Sao Tome and Principe, Sierra Leone, Seychelles, Sudan, Tanzania, Uganda, Zambia.

You can see a list of Zimbabwe IP firms here.

 

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