Africa Mid-Year IP Update – 2024
ARIPO
CHINA-ARIPO PATENT PROSECUTION HIGHWAY
China and the African Regional Intellectual Property Organisation (ARIPO) have established a Patent Prosecution Highway (PPH), which was announced by the China National Intellectual Property Administration (CNIPA). This initiative allows applicants to accelerate the examination of an ARIPO patent application based on a corresponding Chinese patent application where CNIPA has determined one or more claims to be patentable. The PPH agreement commenced on 8 June 2024 and is set to expire in 2029, spanning five years. CNIPA has previously engaged in PPH collaborations with 32 other countries and regions.
A request for expedited/accelerated examination may be filed at ARIPO, but the following conditions must be met:
- · The application relates to a single invention and/or the applicant agrees to the examining division only considering the first identified invention;
- · The applicant agrees to respond immediately to any clarifications sought by the examining division.
- · The application does not become abandoned and reinstated before the conclusion of the examination and
- · A search report is provided based on claims corresponding to the claims of the ARIPO application and which is either of the same scope or narrower in scope than the claims in the ARIPO application.
These developments aim to streamline patent examination processes between China and African countries under ARIPO, enhancing efficiency and patent protection across the regions involved.