Patents Laws in Tanzania
Patent law in Tanzania is governed primarily by the Patents (Registration) Act, Chapter 217 and administered by the Business Registrations and Licensing Agency (BRELA) under the Ministry of Industry and Trade.
Hereβs an overview of patent laws in Tanzania:
π Legal Framework
Principal Law: The Patents (Registration) Act, Chapter 217 of the Laws of Tanzania.
Administering Authority: Business Registrations and Licensing Agency (BRELA).
International Treaties:
Paris Convention for the Protection of Industrial Property
Patent Cooperation Treaty (PCT)
ARIPO (African Regional Intellectual Property Organization), under the Harare Protocol
π What Is Patentable in Tanzania?
To be patentable, an invention must:
Be new (novel) β Not disclosed publicly anywhere in the world before the filing date.
Involve an inventive step β Not obvious to someone skilled in the relevant field.
Be industrially applicable β Capable of being used in some kind of industry.
β What Cannot Be Patented?
Discoveries, scientific theories, and mathematical methods
Schemes, rules, or methods for doing business or playing games
Methods for treatment of humans or animals
Inventions contrary to public order or morality
π Patent Application Process
1. Filing
You can file a national patent application directly with BRELA or a regional application through ARIPO.
If filed via ARIPO, designate Tanzania as a country where the patent should have effect.
2. Formal Examination
BRELA examines the application for compliance with formal requirements.
3. Substantive Examination
There is no substantive examination in Tanzania; registration is based on formality and novelty search.
4. Publication
Accepted applications are published in the official journal.
5. Grant
If no opposition is filed within a set period, the patent is granted.
π Duration and Renewal
Patent term: 10 years from the filing date (can be renewed for two further periods of 5 years each).
Renewal fees must be paid annually, starting from the second year.
π International Protection
To protect your patent outside Tanzania:
File under the PCT (Patent Cooperation Treaty) to get protection in multiple countries.
Use ARIPO for regional protection in African countries, including Tanzania.
βοΈ Infringement & Enforcement
The patent holder can take civil action against infringers.
Remedies include injunctions, damages, and account of profits.
Criminal penalties may apply for willful infringement in commercial quantities.
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