Patents Laws in Cape Verde
Patent Laws in Cape Verde (Cabo Verde)
Cape Verde is a member of several regional and international organizations that govern intellectual property rights, including patents. Here's a summary of the patent law framework in Cape Verde:
1. Legal Framework
The primary legislation governing patents in Cape Verde is the Industrial Property Code, established under Decree-Law No. 4/2007, updated by Decree-Law No. 7/2016.
The Instituto da Gestão da Qualidade e da Propriedade Intelectual (IGQPI) is the national body responsible for handling intellectual property matters.
2. Patentability Criteria
To be patentable in Cape Verde, an invention must be:
New (Novel): Not disclosed anywhere in the world before the filing date.
Inventive (Non-obvious): Not an obvious step to someone skilled in the field.
Industrial Application: Must be capable of being used or manufactured in industry.
3. Non-Patentable Subject Matter
Cape Verde does not allow patents for:
Discoveries, scientific theories, and mathematical methods.
Aesthetic creations.
Schemes, rules or methods for performing mental acts, playing games, or doing business.
Computer programs as such.
Diagnostic, therapeutic, or surgical methods for humans or animals.
Inventions contrary to public order or morality.
4. Patent Duration and Renewal
Patent Term: 20 years from the filing date.
Annual Fees: Must be paid to maintain the patent in force. If not paid, the patent may lapse.
5. Regional and International Agreements
Cape Verde is a member of:
ARIPO (African Regional Intellectual Property Organization) – under the Harare Protocol, enabling regional patent protection.
WIPO (World Intellectual Property Organization).
Paris Convention – allowing foreign applicants to claim priority.
PCT (Patent Cooperation Treaty) – Cape Verde is not currently a member, so international applications must be filed directly in Cape Verde or via ARIPO.
6. Application Process
Applications are submitted to IGQPI.
Must include: detailed description, claims, drawings (if any), and an abstract.
The process includes formal examination and possibly a substantive examination.
7. Rights Conferred by a Patent
Exclusive rights to make, use, sell, and license the invention in Cape Verde.
Right to take legal action against infringers.
Summary
| Feature | Details |
|---|---|
| Patent Term | 20 years |
| Governing Body | IGQPI |
| Regional System | ARIPO (Harare Protocol) |
| PCT Member | ❌ No |
| Patentability | Novel, Inventive, Industrially Applicable |
| Maintenance | Annual fees required |
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