Who can file PCT regional phase entry in ARIPO

Not every person has mandate to file PCT regional phase entry in ARIPO. It is for the applicant who is a resident or whose principal place of business is situated in the Contracting State. In case you are not a resident or your principal place of business is not situated in Contracting State, then you have to be represented by an attorney, agent or legal practitioner who has the right to representation before the industrial property office of any Contracting State. Any procedural steps taken by unauthorized person shall be deemed not to have been taken. Depending upon the details, we may still be able to file the PCT regional phase entry in ARIPO on your behalf.

The Current Harare Protocol Contracting States

The Harare Protocol on Patents and Industrial Designs has 20 contracting ARIPO states, namely Botswana, Cape Verde, Eswatini, the Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Mozambique, Namibia, Rwanda, Sao Tome and Principe, Seychelles, Sierra Leone, Sudan, Tanzania, Uganda, Zambia, and Zimbabwe. All member states of the Harare Protocol, except Eswatini, are also members of the Patent Cooperation Treaty. In Eswatini, only an ARIPO regional patent can be obtained via the PCT route.

Deadline for PCT regional phase entry in ARIPO

The time interval for entries to regional phase is 31 months from the priority date for both application under PCT Article 22(3) and Article 39(1) (b).

Language of the Document and Information

Any document or part of a document must be in English language. In case any communication/document or part of a document is in other languages other than in English it must be accompanied by a verified translation of its English version.

Documents and Information Required

ARIPO conduct formality examination upon receipt of application. A number of documents and information in a prescribed manner is required. Any document, information or evidence which does not fulfil the mandatory prescribed format will be returned for correction and rectification upon payment of prescribed fee. Some of those documents are:

Application form

Abstract

Claim(s)

Description

Copy of the priority documents

Copy of any international communication such as examination report, International Preliminary examination report; international search report; international preliminary report on patentability

Deed of Assignment where the applicant is not an inventor (s)

Confirmation of fee payment

Appointment of representative form (Power of Attorney)

Substantive Examination

The time interval to request substantive examination on regional patent application is 3 years from the priority date. If more than one priority date is claimed, from the earliest priority date. The request is made upon payment of prescribed examination fee, including additional and claims fee if any. Failure to request for examination within the prescribed time, the application shall be deemed withdrawn.

Grant and payment of publication fee

The patent will be granted subject to the national law of designated state after payment of grant and publication fees. Upon grant, the patent will be recorded in the ARIPO register and proceed to publication in the ARIPO Journal. Once granted, patent shall be valid for 20 years subject to payment of annuity fee.

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