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DRC Patents

Patent & Design Protection

DRC patents havea duration of 15 years from date of filing. Annual renewal fees are payable in advance from the first anniversary of the filing date. DRC 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. A patent application filed under the PCT is called an international application, or PCT application. 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. 

Types of Patents:

  • Patents of Invention
  • National Phase PCT Application

Filing Requirements:

Non-PCT applications:

  • Power of Attorney with Portuguese translation, notarised and legalised up to the Angolan Consulate (must be filed within 2 months of the date of filing)
  • Title and abstract in Portuguese (required upon filing)
  • Specification, claims, drawings and abstract (required upon filing)
  • Verified Portuguese translation of the specification, claims and drawings (must be filed as soon as possible after filing date)
  • Deed of assignment with Portuguese translation, notarised and legalised up to the Angolan Consulate (must be filed within 2 months of the date of filing)
  • Certified copy of the priority document (if applicable) with Portuguese translation (must be filed within 2 months of the filing date)

PCT applications:

Angola currently does not make provision for filing PCT applications, therefore does not set out the filing requirements for such applications.  Applicants should lodge the same documents as for non-PCT applications along with the following:

  • Published International application (required upon filing)
  • International Search Report and International Preliminary Report on Patentability (can be late filed)

Novelty:

Absolute novelty required. 

Patentability:   

Food, pharmaceuticals, chemical products and medicines (for humans and animals) are not patentable but processes for their manufacture are.

Examination:

Formal examination.

Duration/Renewals:

The patent has a duration of 15 years from date of filing. Annual renewal fees are payable in advance from the first anniversary of the filing date.

International and Regional Systems:

  • Paris Convention
  • PCT

Types of Designs:

  • Industrial Designs
  • Utility Model

Filing Requirements:

  • Power of Attorney, notarised and legalised (can be late filed)
  • Drawings, photographs or sample of the design or utility model (required upon filing)
  • Indication of the kind or class of the product which the design or utility model will be used
  • Deed of assignment, notarised and legalised (can be late filed)
  • Certified copy of priority document (if applicable) with Portuguese translation (must be filed within 3 months of the filing date)

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
Africa | Intellectual Property

African Territories

Smit & Van Wyk provides a full range of IP legal services in all African countries where Intellectual Property 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’ IP needs in Africa.