Patents, Trademarks & Designs

Cape Verde Patents

Patent Registration in Cape Verde

Cape Verde patents may only be registered through the OAPI union where a single application covers all member states. It is not possible to obtain national registration in Cape Verde but penalties for infringements are the responsibility of Cape Verde courts. Patents have a duration of 20 years from date of filing. Cape Verde is a member of PCT and the Paris Convention (International treaty for the protection of Industrial Property). PCT National Phase entries provide a unified procedure for filing patent applications to protect intellectual property in each of its contracting states. 

Types of Patents:

  • Patent of Invention
  • PCT

Novelty:

Absolute novelty required.

Patentability:   

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

Examination:

Formal and substantive examination.

Patent Duration / Renewals:

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

    Patent Filing Requirements

    Non-PCT applications:

    • Simply signed Power of Attorney (must be filed within 3 months of the filing date)
    • Specification, claims, drawings and abstract with English or French translation (required upon filing)
    • Deed of assignment (must be filed within 3 months of the filing date)
    • Certified copy of the priority document (if applicable) with verified English or French translation (must be filed within 6 months of the filing date)

    PCT applications:

    • Simply signed Power of Attorney (must be filed within 3 months of the filing date)
    • Specification, claims, drawings and abstract with English or French translation (required upon filing)
    • Deed of assignment (must be filed within 3 months of the filing date)
    • Published International application (required upon filing)
    • International Search Report and International Preliminary Report on Patentability (can be late filed)

    International and Regional Systems

    OAPI

    The African Intellectual Property Organization (OAPI) member-states include the majority of African French speaking countries. The Bangui Agreement encourages cooperation between all the member-states by sharing common objectives in Intellectual Property matters. OAPI is a regional filing system which covers Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros, Congo, Equatorial Guinea, Gabon, Guinea, Guinea Bissau, Ivory Coast, Mali, Mauritania, Niger, Senegal and Togo. A single application automatically covers all countries mentioned above. It is not possible to designate the countries of interest.

    PCT

    OAPI is a signatory of the Patent Cooperation Treaty (PCT). The Patent Cooperation Treaty ensures that by filing one international patent application, that applicants can simultaneously seek protection for an invention in other PCT member countries. PCT National Phase entry provides a unified procedure for filing patent applications to protect intellectual property in each of its contracting states. 

    Paris Convention

    OAPI is a member of the Paris Convention where each contracting state must grant the same IP protection to nationals of other contracting states, and provides for the right of priority in the case of patents, trademarks and designs. The Paris Convention is an international agreement which helps creators ensure that their intellectual property is protected in other countries. It applies to IP in the widest sense as it covers patents, trademarks and industrial designs to name a few.

    Design Patents

    Types of Designs:

    • Industrial Designs

    Design Filing Requirements:

    • Power of Attorney, notarised (must be filed within 1 month of the date of filing)
    • Drawings or photographs of the design (required upon filing)
    • A statement indicating the kind of products for which the design is to be used
    • A description with Portuguese translation of the elements in the representations of the design
    • Deed of assignment (must be filed within 1 month of the date of filing)
    • Certified copy of priority document (if applicable) with verified Portuguese translation (must be filed within 3 months of the filing date)

    Design Duration / Renewals:

    The design has an initial term of 5 years from date of filing, with possible extensions of further terms of 5 years up to a limit of 25 years.

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    Smit & Van Wyk provides a full range of Intellectual Property legal services in all African countries where protection is available. We can provide information on the filing requirements in each of the African countries and can also offer information on the various regional IP organisations such as ARIPO, OAPI and the Madrid protocol. We work with a network of trusted and knowledgeable agents to develop the best possible solution to each of our clients’ needs for trademarks, designs and patents in Africa.