Authorities in OAPI have announced changes to OAPI legislation, the Bangui Agreement, relating to Patents and Utility Models (Annexes I and II). These changes will come into effect on 1 January 2025.
OAPI is the regional IP system that applies in much of French-speaking Africa. There are 17 member States of OAPI which include: Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros (except Mayotte), Congo, Equatorial Guinea, Gabon, Guinea, Guinea Bissau, Ivory Coast, Mali, Mauritania, Niger, Senegal and Togo. An OAPI patent or utility model application automatically covers all member states and it is not possible to designate the countries of interest.
Changes to the Bangui Agreement relate only to Annexes I and II and significant points to note are:
1. Patent and Utility Model applications will be subject to substantive examination. It appears that this will happen automatically. OAPI Patent Examiners have been undergoing training in Cameroon and Ivory Coast. For OAPI PCT regional phase applications, it is expected that the Examiners will rely on the PCT International Search Report and the International Preliminary Examination Report (IPRP) when conducting substantive examination. The examination guidelines and information on any additional fees haven’t revealed yet.
2. It will now be possible to file voluntary divisional applications until notification of grant of a patent or a utility model (under the current law, voluntary divisional applications may only be filed up to expiry of the 30-month PCT regional phase deadline).
3. It will also be possible to file divisional applications at any time before grant as well as in response to a substantive examination Office Action.
4. Patent and Utility Model opposition is now provided for and applications will be published for opposition purposes. Any interested party may oppose the issuance of a patent or a utility model application, within three months of the publication of the application.
5. Pharmaceutical product inventions – The World Trade Organization for TRIPS has extended the exclusion of pharmaceutical products from Patent protection until 1 January 2033 for least developed countries (LDCs). OAPI member states that qualify, as LDCs are no longer required to apply the provisions of Annex I regarding patents relating to a pharmaceutical product.
6. New Official fees for Patents and Utility Models will be applicable, however the amended fees have not yet been published.
The changes to Annexes I and II of the Bangui Agreement will apply only to Patent and Utility Model applications filed on or after 1 January 2025. Currently pending applications filed before 1 January 2025 will be prosecuted according to the current provisions of the Bangui Agreement which applies to Patents and Utility Models.
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