BURKINA FASO – OAPI

• INTERNATIONAL TREATIES TO WHICH BURKINA FASO – OAPI IS SIGNATORY

  • International Treaties to which OAPI is a signatory:

    • Paris Convention for the protection of Industrial Property
    • Patent Co-operation Treaty PCT.
    • Agreement on Trade Related Aspects of Intellectual Property Rights TRIPS.
    • Budapest Treaty On The International Recognition of the Deposit of Micro Organisms For The Purposes of Patent Procedure.
• PATENT LEGISLATION IN BURKINA FASO – OAPI

  • Patent Legislation in Burkina Faso is governed by the Bangui Agreement, the highlights of which are as under:

    • Uniform Legislation adopted by all the OAPI countries so as to form a uniform system of IPR protection, with a common administrative procedure.
    • A Common Authority created to serve as a National IPR protection office for each of the member states.
    • All the member states follow centralised procedures that creates a singe title recognised in individual member countries as through accorded by them as their National IPR title.
• BASICS REGARDING PATENTABILITY OF INVENTIONS IN BURKINA FASO – OAPI

  • Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:

    • Are New or Novel
    • Involve an inventive step
    • Comprise of a process or an Industrial application of the invention.For an Invention to be patentable, it should contain the following requirements:(i). Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of filing for the patent application nationally or internationally by means of its description, use or any other method by which it may be known or utilised by experts in the field.(ii). Inventive Step: is, given the prevailing state of the art, is not obvious to an expert in that field. An invention is considered ‘obvious’ when it is within the grasp of a skilled person in that field of expertise & therefore to be expected from him.(iii). Industrial Application: of the invention would be ‘when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture.
• INVENTIONS NOT PATENTABLE IN BURKINA FASO – OAPI

  • Inventions pertaining to the following:

    • Discoveries, Scientific Theories & Mathematical methods.
    • Aesthetic and Ornamental Creations, Literary, Architectural, Artistic Works.
    • Substances already existing in nature and nuclear materials.
    • Charts
    • Schemes, Rules, Methods for performing mental acts, playing games, doing business as well as Presentation of Information.
    • Programmes for Computers.
    •  Inventions contrary to public order & morals.
    • Methods of treatment by surgery or therapy on humans and animals. Inventions related to Plant Varieties, Animal Species, Essential Biological Processes for the breeding of plants or animals other than microbiological processes and products of such processes
    • Prejudicial to the Interests or Security of the Nation.

    ParityPatents Law Firms through its associates in Burkina Faso is at hand to help you with patent registration and prosecution.

• FILING REQUIREMENTS OF PATENTS IN BURKINA FASO – OAPI

  • (i). A formal request for the grant of a patent of invention .

    (ii). The name and address or head office of the applicant or his representative .

    (iii). Short adequate Title of the Invention to be patented.

    (iv). Summary of the invention and Priority data if any.

    (v). Description of the invention along with drawings if any.

    (vi). Claims along with Abstract

    (vii). Drawings necessary to understand the invention.

• EXAMINATION OF THE PATENT APPLICATION IN BURKINA FASO – OAPI

  • Examination of the patent application consists of the following steps: Once the patent application is filed, it is taken up for formalities examination comprising as under:

    • Scrutinized for defense & security aspects.
    • The invention’s patentability.
    • The patent application’s unitary features.
    • The accuracy of the priority claimed.
    • The invention’s compliance with the patentability conditions.
• RIGHTS OF THE PATENTEE IN BURKINA FASO – OAPI

  • VALIDITY OF PATENTS GRANTED BY OAPI:

    1. Patents – 20 yrs.
    2. Utility Models – 08 yrs.

    OAPI provides for registration of Utility Model Patents for the following:

    • New Arrangement
    • New Component, Device
    • Devices that are industrially application inclusive of handicrafts, agriculture, fisheries and services as well

    RIGHTS OF THE PATENTEE:

    • Patents confer to its holders or his successors an exclusive right to work the invention.
    • Patentee may authorise such uses of the patent through a contractual agreement with interested parties as to import, rent out, deliver or sell the product patent .
    • Patentee may authorise the working of the patent either by a manufacturer or by an importer.
    • Patentee may even assign, lease or licence the patent.
    • Patentee is entitled to take legal action against infringers.
    • Patentee is entitled to retain moral right over the invention as ‘the author of the invention’.
    • The patent can be pledged for which it has to be registered in the patent register to become effective.

    Relationship between Patents and Utility Models is such that:

    – A Patent application may before grant or rejection be converted to Utility Model application

    – A Utility Model application may before grant or rejection be converted to a Patent application

    The above option is at the discretionary right of the Applicant which may be exercised accordingly.

• COMPULSORY LICENCES OF PATENTS IN BURKINA FASO – OAPI

  • Compulsory Licences may be granted under following circumstances:

     

    On the request of any person made after the expiry of a period of 4 years from the date of the filing of an application for a patent or 3 years from the date of the grant of a patent, whichever period expires last, a compulsory license may be granted where one or more of the following conditions are fulfilled :

    (i). the patented invention is not being worked on the territory of a member State at the time the request is made;

    (ii). the working of the patented invention on the above-mentioned territory does not meet, on reasonable terms, the demand for the protected product;

    (iii). the working of the patented invention on the above-mentioned territory is being prevented or hindered by importation of the protected product;

    (iv). by reason of the refusal of the owner of the patent to grant licenses on reasonable terms, the establishment or development of industrial or commercial activities on the above-mentioned territory is unfairly and substantially prejudiced.

    (v). where a patented invention cannot be worked without infringing rights under a patent granted on an earlier application or benefiting from a validly claimed earlier priority (“earlier patent”), a compulsory license may be granted to the owner of the later patent to the extent necessary for the working of his invention, insofar as such invention constitutes an important technical advance in relation to the earlier patent.

    Ex Officio Licenses may be granted when the following circumstances arise: –

    – National Defence

    – Public Health and related matters

    Kindly Note: Granting of Compulsory Licenses shall not affect the following:

    • License Contracts in force
    • Compulsory Licenses in force
    • Shall not preclude the conclusion of there licenses, contracts or granting of other compulsory licenses

    However, Patentee may not grant licenses to other licensees on more favourable terms than those mentioned in the Compulsory License

    ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Burkina Faso, can assist you comprehensively with Compulsory Licence matters.

• PATENTS Cost of Registration in BURKINA FASO – OAPI