OAPI – New patent and utility model law coming into force shortly
We have recently received information from the Head of the Patent Department at OAPI that Annexes I and II (which relate to patents and utility models, respectively) of the revised Bangui Accord will be brought into force on 1 January 2025. We expect OAPI to issue some further information and guidelines as to the implementation of the new law in the near future. However, the main points of significance under the revised law for patent and utility model applicants to note are as follows:
- Voluntary divisional applications can be filed at any time prior to grant of the patent or utility model (under the current law, voluntary divisional applications can only be filed up to the expiry of the 30-month PCT regional phase deadline).
- Applications will be published for opposition purposes. The opposition period is 3 months from the publication date. Under the current law, publication takes place only after registration and there is no provision for opposition.
- Substantive examination of patent applications will be conducted by OAPI, to judge whether an invention is new, inventive and industrially applicable. It is not clear how this will work in practice, but we understand that OAPI has opened a training school for patent examiners in Côte d'Ivoire.
- Pharmaceutical product claims will not be enforceable until 1 January 2033 in OAPI territories classed as "least-developed", in accordance with Article 66 of the TRIPS Agreement.
- There is a provision for making a "prior right claim", to challenge an applicant who does not have the right to make an application.
- An appeal procedure is provided for, with a 60-day term for appealing against oppositions, claims of ownership or restoration decisions.
We hope to receive further information on the new law shortly, and will post any updates when we have any more news. We, along with our affiliated office in the Cameroon, are long-established specialists in all IP matters in OAPI, and we would be pleased to assist you in any of your filing, recordal or renewal projects there.
