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Botswana Patents

Patent & Design Protection

Botswana patents have a duration of 20 years from date of filing. Botswana is a member of PCT and the Paris Convention. PCT National Phase entries provide a unified procedure for filing patent applications to protect intellectual property in each of its contracting states.

The Patent Cooperation Treaty  (PCT) is an international patent law treaty that provides a unified procedure for filing patent applications to protect inventions in all of its contracting states. A single filing of an international application is made with a Receiving Office (RO) in one language. It then results in a search performed by an International Searching Authority (ISA), accompanied by a written opinion regarding the patentability of the invention, which is the subject of the application. The PCT National Phase entry essentially leads to a standard national or regional patent application, which may be granted or rejected according to applicable law, in each jurisdiction in which a patent is desired. 

Botswana Patents may be filed through the ARIPO union where the applicant may file a single application designating the specific contracting states either directly at ARIPO or through a contracting state. The relevant protocol on Patents for ARIPO is the Harare Protocol, which authorises ARIPO to register Patents on behalf of Harare Protocol Contracting States. 

Types of Patents:

  • Patents of Invention
  • National Phase PCT Application
  • ARIPO application or ARIPO Regional Phase PCT application

Filing Requirements:

Non-PCT applications:

  • Simply signed Power of Attorney (can be late filed)
  • Specification, claims, drawings and abstract in English (required upon filing)
  • Deed of assignment (can be late filed)
  • Certified copy of priority document (if applicable) with verified English translation (must be filed within 3 months of the filing date)

PCT applications:

  • Simply signed Power of Attorney (can be late filed)
  • Specification, claims, drawings and abstract (required upon filing)
  • Deed of assignment (can be late filed)
  • Published International application (required upon filing)
  • International Search Report and International Preliminary Report on Patentability (can be late filed)
  • Certified copy of priority document (if applicable)

ARIPO application where Botswana is designated or ARIPO Regional Phase PCT application.

Novelty:

Absolute novelty required.

Patentability:   

Methods of medical diagnosis, treatment or surgery are not patentable.

Examination: 

Formal examination. Botswana registry may submit an application to ARIPO for substantive examination.

Duration/Renewals: 

The patent has a duration of 20 years from date of filing. Annual renewal fees are payable from the first anniversary of the filing date.

International and Regional Systems:

  • Paris Convention
  • PCT
  • ARIPO

Types of Designs:

  • Industrial Designs

Filing Requirements:

  • Power of Attorney (can be late filed)
  • Drawings, photographs or other graphic representations of the design (required upon filing)
  • A statement indicating the kind of products for which the design is to be used
  • Deed of assignment (can be late filed)
  • Certified copy of priority document (if applicable) with verified English translation (must be filed within 2 months of the filing date)

ARIPO design designating Botswana.

Duration/Renewals:

The design has an initial term of 5 years from date of filing, with possible extensions of 2 further terms of 5 years each.

International and Regional Systems:

  • Paris Convention
  • ARIPO
  • The Hague Agreement
Harare Protocol

ARIPO is mandated to grant patents on behalf of the Harare Protocol Contracting States in accordance with the provisions of the Harare Protocol on Patents, Designs and Utility Models. The Harare Protocol was adopted on December 10, 1982 at Harare, Zimbabwe. The protocol entered into force in 1984.

ARIPO Members – Patents
Botswana, Eswatini, Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Mozambique, Namibia, Rwanda, São Tomé and Príncipe, Sierra Leone, Sudan, Tanzania (mainland), Uganda, Zambia and Zimbabwe.