Patents Laws in Ghana
Patent laws in Ghana are governed primarily by the Patents Act, 2003 (Act 657), along with international agreements to which Ghana is a party. Below is a summary of key elements of Ghana's patent laws:
๐น 1. Governing Legislation
Patents Act, 2003 (Act 657)
Patents Regulations, 2007 (L.I. 1890)
๐น 2. What is Patentable?
In Ghana, an invention is patentable if it meets the following criteria:
Novelty โ The invention must be new.
Inventive step (non-obviousness) โ It must not be obvious to someone skilled in the field.
Industrial applicability โ It must be capable of being used in industry.
โ Exclusions (Not Patentable):
Discoveries, scientific theories, and mathematical methods
Schemes, rules, or methods for doing business
Methods for treatment of the human or animal body by surgery or therapy
Inventions that are contrary to public order or morality
๐น 3. Patent Ownership
The inventor has the right to the patent, but it can be assigned or transferred.
If an invention is made by an employee in the course of employment, the employer may own the patent rights, unless otherwise agreed.
๐น 4. Term of Protection
A patent in Ghana is valid for 20 years from the filing date, provided that annual renewal fees are paid.
๐น 5. Patent Application Process
Applications must be filed with the Registrar Generalโs Department in Accra.
Requirements:
Request for grant of a patent
Description of the invention
Claims defining the scope of protection
Abstract
Drawings (if necessary)
Payment of prescribed fees
Optional:
Priority claim under the Paris Convention
๐น 6. Examination and Grant
Ghana currently follows a formal examination system โ the Registrar checks for formal requirements but does not conduct a substantive examination.
If compliant, the patent is granted and published in the Industrial Property Bulletin.
๐น 7. Rights Conferred by a Patent
The patentee has the exclusive right to:
Make
Use
Sell
Import
License the patented invention
Anyone else must seek permission or risk infringement liability.
๐น 8. Compulsory Licensing
The government or a third party may be allowed to use the patent without the owner's consent under specific conditions:
National emergency
Public interest
Anti-competitive practices
๐น 9. International Agreements
Ghana is a member of:
World Trade Organization (WTO) โ bound by TRIPS Agreement
Paris Convention for the Protection of Industrial Property
African Regional Intellectual Property Organization (ARIPO) โ Ghana is part of the Harare Protocol, allowing regional filings through ARIPO.
๐น 10. Enforcement
Patent rights can be enforced through:
Civil litigation in Ghanaian courts
Remedies may include: injunctions, damages, or account of profits
โ๏ธ Additional Notes
Annual renewal fees must be paid to maintain the patent.
Ghana is in the process of modernizing its IP system to align more closely with international standards.
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