Patents Laws in Burkina Faso
Burkina Faso's patent system is governed by the Bangui Agreement, a regional treaty administered by the Organisation Africaine de la Propriété Intellectuelle (OAPI). This agreement provides a unified framework for intellectual property protection across 17 French-speaking African countries, including Burkina Faso
🇧🇫 Burkina Faso’s Patent Legal Framework
Bangui Agreement (Annex I): This annex outlines the provisions for patent protection, including the requirements for patentability, duration of protection, and procedures for filing and examination.
National Law No. 867-12 of 1993: This law regulates property and related private non-property issues arising in connection with the creation, legal protection, and use of inventions in Burkina Faso.
🔍 Key Features of the Patent System
Single Registration: A patent application filed with OAPI is automatically effective in all member states, including Burkina Faso, without the need for separate national filings.
Priority Claim: Applicants can claim priority based on an earlier application filed in another country, in accordance with international agreements.
Substantive Examination: OAPI conducts a substantive examination to assess the patentability of inventions, ensuring they meet the criteria of novelty, inventive step, and industrial applicability.
Duration of Protection: Patents are granted for a period of 20 years from the filing date, subject to the payment of annual maintenance fees.
Non-Use Cancellations: The competent authority for handling cases of non-use cancellations is the court, as per OAPI's regulations.
🌐 International Agreements
Burkina Faso is a member of several international treaties that enhance the protection of intellectual property:
Paris Convention for the Protection of Industrial Property: Since November 19, 1963, Burkina Faso has been a contracting party to this convention, which provides a framework for the protection of industrial property rights.
Patent Cooperation Treaty (PCT): Burkina Faso has been a contracting party since March 21, 1989, allowing applicants to file international patent applications that can be recognized in multiple countries
Patent Law Treaty (PLT): Burkina Faso is a party to this treaty, which aims to harmonize and streamline patent procedures internationally.
🏛️ Administrative Authority
The African Intellectual Property Organization (OAPI) is responsible for the administration of the patent system in Burkina Faso. Applicants can file their patent applications directly with OAPI or through the national administration in Burkina Faso, which will transmit the application to OAPI within five days.
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