Patents Laws in Djibouti
Djibouti's patent laws are governed by Law No. 50/AN/09/6th L of July 19, 2009, which outlines the protection of industrial property, including patents, trademarks, and industrial designs .
Key Aspects of Djibouti's Patent Law
Patent Eligibility and Ownership
Any invention can be patented, provided it meets the criteria set by the law.
The right to a patent belongs to the inventor or their successors in title.
In cases where multiple individuals independently create the same invention, the patent right is granted to the person who can prove the earliest filing date.
Duration and Maintenance
Patents are valid for 20 years from the filing date.
Maintenance fees are due every five years, starting from the sixth year after the international filing date.
Late payments are accepted within a six-month grace period, subject to a surcharge.
Employee Inventions
If an employee creates an invention as part of their job duties or through tasks explicitly assigned by the employer, the patent rights typically belong to the employer.
In other situations, the employee retains the rights but must inform the employer if the invention relates to the company's activities or resources.
Application Process
Djibouti is a member of both the Paris Convention and the Patent Cooperation Treaty (PCT).
Applicants can file directly or enter the national phase through the PCT route.
Non-resident applicants must appoint a local agent in Djibouti.
Applications can be initially submitted in English, but a verified French translation must be provided within one month.
Examination and Grant
The patent office bases its decision on the results of international search and examination reports.
Patents are granted after a three-month period following the publication of the application, provided there are no oppositions
Restoration and Amendments
If a patent lapses due to non-payment of maintenance fees, it can be restored within three months of lapsing, subject to fee payment.
Applicants may amend their applications during the national phase, as long as the scope of the subject matter is not broadened.
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