Patent registration in OAPI countries – Any company that owns a patent and intends to expand its business in the markets of OAPI countries, create long-term value and find investors for the patent or future patent licensing should use OAPI’s patent system. It is paramount for businesses to file patent applications in the OAPI countries for their inventions, even if the launch of the respective product in the OAPI country markets has not yet commenced.
The Africaine de la Propriété Intellectuelle or OAPI (English: African Intellectual Property Organization) is an intellectual property organization, based in Yaoundé, Cameroon. The protection of IP rights registered in OAPI will automatically take effect in the 17 current member countries: Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros, Congo, Côte d’Ivoire, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Mali, Mauritania, Niger, Senegal, and Togo. Applications for IPR registration at OAPI will automatically enter into force in the territories of all member states.
Deadline for filing patent applications in OAPI countries
Applicants who have applied in member states of the OAPI countries can claim ordinary priority within 12 months from the priority date. This period cannot be extended.
Requirements for patent applications in OAPI countries
Patent applications filed at the OAPI IP office may be drafted in French or English. It is not possible to submit a late translation after applying.
The following information and documents must be provided in the patent application to the OAPI National Patent Office:
- patent claims;
- the applicant’s name and door address;
- Description of invention, claims;
- Proof of payment of the respective fees.
Certified copies of the priority document in English or French must be filed with the patent office within six months of the filing date.
Legalization of power of attorney (POA) is not required. The deadline for submitting documents to OAPI is 3 months from the date the IP office issues the corresponding notice.
If the applicant is not the inventor of the invention, a description of the applicant’s rights to the invention must be added to the application.
Examination of patent applications in OAPI countries
Any patent application must go through an examination process to ensure the novelty and patentability of the patent. The examination process will be conducted automatically.
Patent validity and renewal
Patent applications in OAPI countries can be filed within 12 months of being disclosed at an official or officially recognized international exhibition, or when such disclosure is made for bad and infringed upon by the patent applicant or owner by any third party.
There is no official licensing fee in OAPI countries. The annual patent maintenance fee must be paid starting from year 2 and must be paid before the expiration of the annual filing date. This period can be extended for another six months by paying an additional fee.
You can find the list of OAPI IP FIRMS here.