Patents, Trademarks & Designs

Djibouti Patents

Patent Registration in Djibouti

Djibouti patents havea duration of 20 years from date of filing. Djibouti 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:

  • Patents of Invention
  • National Phase PCT Application

Novelty:

Absolute novelty required.

Patentability:   

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

Examination: 

Formal examination.

Patent Duration / Renewals: 

The patent has a duration of 20 years from date of filing. Annual renewal fees are payable every 5 years from the first anniversary of the filing date (in advance).

    Patent Filing Requirements

    Non-PCT applications:

    • Simply signed Power of Attorney (required upon filing)
    • Specification, claims, drawings and abstract in English or French (required upon filing)
    • Simply signed deed of assignment (can be late filed)
    • Certified copy of the priority document (if applicable) with verified French translation (if applicable)

    PCT applications:

    • Simply signed Power of Attorney (required upon filing)
    • Specification, claims, drawings and abstract in English or French (required upon filing)
    • Simply signed deed of assignment (must be filed within 3 months)
    • 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) with verified French translation (must be filed within 3 months)

    International and Regional Systems

    PCT

    Djibouti 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

    Djibouti 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:

    • Simply signed Power of Attorney (can be late filed)
    • Drawings, photographs or other graphic representations of the design (required upon filing)
    • The title of the product which the design represents in French
    • A statement indicating the kind of products for which the design is to be used with French translation
    • Certified copy of priority document (if applicable) with French translation (must be filed within 3 months of the filing date)
    • Simply signed deed of assignment (can be late filed)

    Design 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.

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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.