Patents Laws in Niger
Here’s an overview of the patent laws in Niger:
1. Governing Law
Niger’s patent system is governed under the African Intellectual Property Organization (OAPI) framework.
Niger is a member of OAPI, which administers a centralized patent system for all its member states through the Bangui Agreement.
Patent applications are filed with the OAPI Office, and protection extends to Niger and other member countries.
2. Patent System under OAPI
Patents are granted by OAPI, effective in all member states, including Niger.
There is no separate national patent office in Niger for patent filings.
The official language for filing is French.
3. Patentability Criteria
An invention must be:
Novel
Involve an inventive step
Be industrially applicable
Excluded from patentability are:
Discoveries, scientific theories, and mathematical methods
Business methods, aesthetic creations
Inventions against public order or morality
4. Duration and Maintenance
Patents granted by OAPI are valid for 20 years from the filing date.
Annual fees must be paid to maintain the patent’s validity.
5. Filing Procedure
Applications are filed with the OAPI Office located in Yaoundé, Cameroon.
OAPI conducts formal and substantive examinations.
Once granted, the patent applies in all OAPI member states, including Niger.
6. International Treaties
Niger (via OAPI) is a member of:
The Paris Convention
The Patent Cooperation Treaty (PCT) (OAPI is a PCT member)
Other regional IP agreements within Africa
7. Enforcement
Patent rights are enforced through national courts in Niger, following OAPI regulations.
Remedies include injunctions, damages, and destruction of infringing goods.
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