JEE Africa

OAPI Introduces Key Amendments for Patents and Utility Models.

The African Intellectual Property Organization (OAPI) has introduced significant amendments to the Bangui Agreement, which took effect on January 1, 2025. These changes aim to strengthen intellectual property (IP) protection, enhance procedural efficiency, and align OAPI’s patent system with international standards.

Key Amendments:

1. Mandatory Substantive Examination for Patents and Utility Models

All patent and utility model applications will now undergo automatic substantive examination upon filing. For PCT regional phase applications, OAPI examiners will refer to the PCT International Search Report and International Preliminary Examination Report (PRP) during the review process.

2. Greater Flexibility for Divisional Applications

Applicants can now submit voluntary divisional applications up until the notification of grant, providing more flexibility in managing patent portfolios. Previously, voluntary divisional applications were restricted to before the 30-month PCT regional phase deadline. Divisional filings may also be made in response to substantive examination office actions.

3. Introduction of a Pre-Grant Opposition System

For the first time, patent and utility model applications will be published for opposition before grant. Any interested party may challenge an application within three (3) months of its publication. This system enhances transparency and ensures the validity of granted rights.

4. Updated Publication Rules for Non-PCT Applications

Non-PCT patent applications will now be published within 18 months from the filing date or priority date. Additionally, all granted patents will be publicly available, improving access to patent information.

5. Pharmaceutical Patent Exemptions for Least Developed Countries (LDCs)

Following the WTO’s extension of the TRIPS exemption for pharmaceutical patents until January 1, 2033, OAPI member states classified as LDCs will no longer be required to comply with Annex I provisions related to pharmaceutical patents.

6. Revised Fee Structure for Patents and Utility Models

The official costs for patent and utility model filings in OAPI have increased, reflecting a revised fee structure that introduces additional charges. Applicants will now incur extra costs for exceeding ten claims, along with new examination fees for divisional applications and oppositions. These updated official fees will apply to all patent and utility model filings, ensuring

that the new financial requirements align with the broader amendments to the Bangui Agreement.

7. Priority Document Submission Requirements

Applicants must submit a certified copy of the priority document in either French or English within six months of filing. If this deadline is missed, a restoration request will be required to maintain the priority claim.

8. Patent Filing Deadlines & Requirements

The deadline for filing a priority-claiming patent application in OAPI remains 12 months from the priority date. However, if this deadline is missed, applicants may seek restoration within two years. To obtain a filing date, the application must meet the minimum requirements, including a completed patent application, details of the applicant and inventor, a full description with a summary and illustrations, and proof of fee payment.

9. Language Requirements for Patent Filings

All OAPI patent applications must be submitted in either French or English. Applicants must ensure that the required language is used at the time of filing, as late submission of translations is not permitted.

10. Power of Attorney (POA) Requirements

While Power of Attorney (POA) documents do not require legalization, a scanned and signed copy, stating the executor’s name, date, and location, must be submitted within three months of an OAPI request.

11. Examination Process & Novelty Period

Substantive examination is now automatic, requiring no separate request, and there is no option for expedited examination. An invention will still be considered novel if it was disclosed at an officially recognized international exhibition within 12 months before filing or if the disclosure resulted from bad faith or infringement by a third party within the same period.

12. Representation Requirements for Non-Residents

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