news archive
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2024 AIPPI World Congress
Richard Stilwell recently represented Lysaght at AIPPI’s World Congress event in Hangzhou, marking the first time an international IP conference has been held in China.
Eurasian design system to enter into force in Turkmenistan
Turkmenistan will become the final Eurasian Patent Organization (EAPO) member state to join the Eurasian industrial design protection system, following the deposit of its instrument of accession to the Protocol on the Protection of Industrial Designs to the Eurasian Patent Convention. The Protocol will enter into force in Turkmenistan on 4 January 2025.
The Eurasian design system, which has been operational since 1 June 2021, allows applicants to obtain simultaneous protection in the EAPO member states of Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan and, with effect from 4 January 2025, Turkmenistan. Applicants can file a single Eurasian design application, covering up to 100 industrial designs in the same class under the International Classification for Industrial Designs, in order to secure protection across all member states.
Myanmar – Patent and Utility Model applications can now be filed
As previously reported, Myanmar’s long-awaited Patent Law 2019 came into effect earlier this year. Finally, on 31 October 2024, Myanmar's Intellectual Property Department (IPD) officially begun to accept new patent and utility model applications. This important development finally enables patent applicants to benefit from a substantive patent protection system in Myanmar, with the implementation of the new law replacing the primitive and unsatisfactory “cautionary notice” system for the first time.
Fee increases at USPTO
Numerous of the USPTO’s fees for patent matters are set to increase on 19 January 2025, including the fees for filing a patent application, Requests for Continued Examination, appeals and the issuance of patents. It is therefore worth considering filing any items with fee increases prior to 19 January 2025 so as to benefit from the current lower fees.
Ethiopia – Accession to Paris Convention and Madrid Protocol
On 1 October 2024, Ethiopia’s Council of Ministers approved the country’s accession to the Paris Convention for the Protection of Industrial Property and the Madrid Protocol for the International Registration of Marks. Ethiopia’s accession to these IP treaties and to trade agreements such as the World Trade Organization (WTO)’s Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS), along with the necessary modernisation of Ethiopia’s IP laws, will serve to bring Ethiopia onto the global stage for IP and help to stimulate trade and investment in the country.
OAPI – New patent and utility model law coming into force shortly
We have just 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.
Qatar – Patent annuity payments (Update)
On 15 September 2025, the Qatari Patent Office has reinstated the requirement to pay annuities on pending applications. As a result, applicants are required to ensure that all outstanding annuity fees are paid on each anniversary of the effective filing date of their patent applications (which, for PCT national phase applications, is deemed to be the international filing date), from the 2nd annuity onwards, regardless of whether a grant decision has been issued.
Uruguay formally acceding to the PCT
Uruguay will deposit its instrument of accession to the Patent Cooperation Treaty on 7 October 2024, and the agreement will enter into force 3 months later, on 7 January 2025. This accession to the PCT represents a culmination of the country’s efforts to support locally generated inventions, foster investment, create new business opportunities, and elevate Uruguay’s position in the international patent arena.
Australia – Changes to fees for IP matters
IP Australia has just announced some changes to the official fees for patents, trade marks, designs and plant breeder’s rights, which will come into effect on 1 October 2024. Inter alia, the filing fees for patents and plant breeder’s rights will increase, trade mark filing fees will remain unchanged, and designs filing fees will decrease.
Argentina - Patent applicants required to confirm ongoing interest in applications
A resolution was published in Argentina on 26 August 2024 which requires that, within 60 calendar days from notification in the Patent Bulletin, applicants with pending patent applications in Argentina must make an express statement as to whether or not the priority claimed has been granted in the country of origin.
El Salvador - New IP law approved
The Legislative Assembly of El Salvador has recently approved a new Intellectual Property Law, which will replace, update and combine into a single body the current "Law of Trademarks and Other Distinctive Signs" and the 1993 "Law of Intellectual Property". It will also create the Salvadoran Institute of Intellectual Property (IPSI) which will be in charge of managing procedures and mediating conflicts arising from IP rights.
Rwanda - New IP law in force
A new Law on the Protection of Intellectual Property was published in Rwanda on 31 July 2024 and came into force on the same day. The Law paves the way for a more streamlined approach for the filing of patent and trade mark applications, as well as clarifying aspects of their prosecution and registrability.
Myanmar – New patent law finally in force
It has recently been announced that Myanmar’s long-awaited Patent Law 2019 finally came into effect on 31 May 2024. Whilst the Patent Registry has yet to announce an official date for accepting patent applications, or the documentary and formality requirements that will apply, applicants who are interested in seeking patent protection in Myanmar should consider evaluating their inventions and be ready to submit their applications as soon as the Patent Registry begins to accept them.
Lysaght celebrates promotion at Ekeme Lysaght SARL
It is with great pride that we announce the promotion of Isabelle Mbomè from Ekémé Lysaght SARL to the prestigious role of Avocate Stagiaire of the Cameroon Bar Association. Once Isabelle has completed her apprenticeship, she will have the unique rights of audience to represent our clients in Court. This fantastic and well-deserved accolade will further bolster the range of OAPI services which Lysaght can offer to our clients, particularly in the in-house management of contentious matters.
Qatar – Patent annuity payments
The Qatari authorities have recently updated their policy on the requirement to pay annuities in respect of patent applications. The newly issued policy dictates that the 4th and subsequent patent annuities cannot be paid until the grant decision is issued, with no option to do so before that time. Accumulated back annuities are payable along with the grant fee, and then subsequent annuities are payable annually on each anniversary of the filing date.
Bahrain & China launch Patent Prosecution Highway Pilot Program
The Ministry of Industry and Commerce (MOIC) of Bahrain and the China National Intellectual Property Administration (CNIPA) have launched a Patent Prosecution Highway (PPH) pilot program, with effect from 1 May 2024 and for a trial period of 5 years. As with other PPH agreements, applicants who receive a positive ruling on patent claims from either the MOIC or CNIPA to expedite the examination of corresponding claims in the other office.
ARIPO & China launch Patent Prosecution Highway Pilot Program
ARIPO and the China National Intellectual Property Administration (CNIPA) have recently implemented a bilateral Patent Prosecution Highway (PPH) pilot program which is being trialled for 5 years from 08 June 2024. The Program allows an application whose claims have already been determined to be patentable by CNIPA to undergo an accelerated examination at ARIPO upon request by an applicant, and vice versa.
Laos – Validation of European patents
Laos has recently joined Morocco, the Republic of Moldova, Tunisia, Cambodia and Georgia as a “validation state” of the European Patent Office. This development will provide EP patent right holders with a streamlined market access into Laos and will also allow companies, research institutes and inventors in Laos to access the benefits of the European patent system.
Georgia – Validation of European patents
Georgia has recently joined Morocco, the Republic of Moldova, Tunisia, and Cambodia as a “validation state” of the European Patent Office. Validating a European patent in Georgia provides patentees with a potentially attractive prospect due to the country’s strategic geographical location at the crossroads of Europe and Asia.
ARIPO & China launch Patent Prosecution Highway Pilot Program
On 15 January 2024, some new official fees will come into force in the UAE. Inter alia, the official fees for patent annuities (which were abolished some time ago) will be reinstated, and various new fees for the examination of patent applications will be introduced.