Patents Laws in Comoros
In the Union of the Comoros, patent protection is governed by a combination of national law and regional agreements.
🇰🇲 Patent Protection in the Comoros
1. National Patent Law
The Comoros has a national patent law, but specific details about its provisions are limited. The country has acceded to the Paris Convention for the Protection of Industrial Property, which allows for the right of priority for patent applications filed in other member countries.
2. Regional Patent System (OAPI)
The Comoros is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI), an intergovernmental organization that provides a unified system for the protection of industrial property rights across its 17 member states. Under the Bangui Agreement, a single patent application filed with OAPI grants protection in all member states, including the Comoros.
Key Features of the OAPI Patent System:
Single Application: File one application to obtain protection in all member states.
Unified Legal Framework: OAPI's legal framework harmonizes patent laws across member states.
Examination Process: OAPI conducts substantive examination of patent applications.
Duration: Patents are granted for 20 years from the filing date, subject to the payment of annual maintenance fees.
3. International Patent Protection (PCT)
The Comoros is a contracting party to the Patent Cooperation Treaty (PCT), administered by the World Intellectual Property Organization (WIPO). This allows applicants to file a single international patent application that can designate the Comoros for protection. The PCT system provides a streamlined process for seeking patent protection in multiple countries
📝 Patent Application Process in the Comoros
Filing: Submit a patent application to OAPI, either directly or through a national office if required.
Examination: OAPI conducts a substantive examination to assess the patentability of the invention.
Grant: If the application meets all requirements, a patent is granted.
Maintenance: Pay annual maintenance fees to keep the patent in force
Applicants whose principal place of business is outside the OAPI member states must appoint a local agent accredited by OAPI to represent them in the patent application process.
RELATED Blog
0 comments