ARIPO - Amendments to law on patents, designs and utility models
The ARIPO Administrative Council has adopted several amendments to the Harare Protocol on Patents, Utility Models and Industrial Designs ("the Protocol") and its Implementing Regulations (“the Regulations”), which will come into effect on 1 March 2025. These amendments were published on 31 January 2025 but only communicated to local agents on 12 February 2025.
Below is a summary of some of the key amendments:
Fees: A new section has been introduced to the Protocol, stating that if the applicant fails to pay fees for any official task or procedure in due time, the application will lapse.
Exceptions to patentability: The law has been amended to specify that the non-patentability of methods of treatment does not apply to products, particularly substances or compositions, for use in these methods.
Right to an ARIPO patent: New provisions have been added, stating that if a patent, design or utility model application is filed by someone other than the inventor, it must be accompanied by a statement specifying the basis of the applicant's right, as at the filing date, to apply for and be granted the IP right. If the inventor is not named in the application, ARIPO will invite the applicant to name them within 16 months from the filing date (or the earliest priority date, if priority is claimed). Failure to do so will result in the application being refused.
Request for substantive examination: No extension of the time limit for the request for examination will be permitted.
If you require any further information or assistance with your IP rights in ARIPO, please do not hesitate to contact us.
