Patents Laws in Eswatini
Here’s a summary of patent laws in Eswatini (formerly Swaziland):
Patent Laws in Eswatini
Governing Law:
Patents in Eswatini are governed under the Industrial Property Act, 2010.
The Eswatini Intellectual Property Office (ESIPO) is responsible for IP rights administration.
Key Features:
Patent System:
Eswatini does not currently have its own independent patent granting system.
Patent protection is generally obtained through regional patent systems or foreign patents.
Regional Systems:
Eswatini is a member of the African Regional Intellectual Property Organization (ARIPO).
Patents can be obtained via ARIPO’s Harare Protocol, allowing regional patent applications that can be extended to Eswatini.
Patentability Requirements:
Novelty, inventive step, and industrial applicability as per ARIPO and general international standards.
Exclusions typically include scientific theories, mathematical methods, and certain biological processes.
Patent Term:
The ARIPO patent term is 20 years from the filing date.
Maintenance fees apply.
Filing Process:
Applicants can file through ARIPO designating Eswatini.
No direct national patent applications are typically accepted yet.
Eswatini may also recognize patents granted in other jurisdictions under certain conditions.
Rights Conferred:
Exclusive rights to prevent unauthorized exploitation of the patented invention within Eswatini.
International Treaties:
Member of:
ARIPO (Harare Protocol)
Paris Convention
Patent Cooperation Treaty (PCT) (through ARIPO)
TRIPS Agreement
Summary:
In Eswatini, patent protection is primarily accessed through the ARIPO regional patent system, rather than through a national patent office. Inventors must file patents via ARIPO to cover Eswatini.
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