Patents Laws in Burundi
Burundi's patent system is governed by Law No. 1/13 of July 28, 2009, on Industrial Property, which provides a comprehensive framework for the protection of intellectual property rights, including patents, utility models, industrial designs, and more .
🛠️ Patentability Criteria
An invention is patentable in Burundi if it meets the following criteria:
Novelty: The invention must be new and not part of the prior art.
Inventive Step: It must not be obvious to a person skilled in the relevant field.
Industrial Applicability: The invention must be capable of being used in some kind of industry.
Certain subject matters are excluded from patentability, such as:
Discoveries, scientific theories, and mathematical methods.
Schemes, rules, or methods for doing business, performing purely mental acts, or playing games.
Methods for treatment of the human or animal body by surgery or therapy, and diagnostic methods practiced on the human or animal body.
Plant varieties and animal breeds, as well as essentially biological processes for the production of plants or animals .
📝 Patent Application Process
Filing Requirements:
Application Form: A formal request for the grant of a patent
Description: A detailed explanation of the invention.
Claims: Define the scope of the patent protection.
Drawings: If necessary, to understand the invention.
Abstract: A summary of the invention.
Power of Attorney: If the application is filed through an agent.
Assignment Document: If the applicant is not the inventor, a document justifying the applicant's right to the patent.
Language: All documents must be submitted in French.
Priority Claim: Applicants can claim priority based on an earlier application filed in another country, in accordance with the Paris Convention.
Examination:
The application is examined to ensure it meets formal requirements.
There is no substantive examination for novelty or inventive step; however, the Director of Industrial Property may consider international search reports and preliminary examination reports under the PCT, even though Burundi is not a PCT member
Publication:
The application is published 18 months after the filing date
Opposition:
Any interested person may file an opposition within 90 days following the publication.
The applicant has 60 days to respond to the opposition.
Grant:
If no opposition is filed, or if the opposition is resolved in favor of the applicant, the patent is granted and registered.
📅 Duration and Maintenance
Term: Patents are granted for a period of 20 years from the filing date.
Maintenance Fees: Annual fees must be paid to maintain the patent.
Extension: If the granting procedure takes more than four years from the filing date, the term of protection may be extended accordingly
🌐 International Agreements
Burundi is a member of several international treaties related to intellectual property:
Paris Convention for the Protection of Industrial Property: Since 1977
World Intellectual Property Organization (WIPO): Since 1977
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS): Since 1995
Note: Burundi is not a member of the Patent Cooperation Treaty (PCT); therefore, international patent applications cannot be filed via the PCT route in Burundi .
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