Patents, Trademarks & Designs

Lesotho Patents

Patent Registration in Lesotho

Lesotho patents have a duration of 20 years from date of filing. Lesotho 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. Lesotho 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:

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

PCT applications:

  • Power of Attorney, notarised (can be late filed)
  • Specification, claims, drawings and abstract with English translation (required upon filing)
  • International patent classification (can be late filed)
  • 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)

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

Novelty: 

Novelty is destroyed by anything disclosed to the public by:

  • publication in a tangible form anywhere in the world
  • prior oral disclosure, by use or in any other way in Lesotho

Patentability:  

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

Examination:

Formal examination.

Duration/Renewals:

The patent has a duration of 15 years from date of filing with a possible extension of a further 5 years. The duration of an ARIPO patent designating Lesotho is 20 years from date of filing. Annual renewal fees are payable every year from the first anniversary of the filing date (in advance).

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 representation of the design (required upon filing)
  • A statement indicating the kind of products for which the design is to be used (required upon filing)
  • Certified copy of priority document (if applicable) with verified English translation (must be filed within 3 months of the filing date)
  • Deed of assignment (can be late filed).

ARIPO design designating Lesotho.

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
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.

Patents, Designs and Trademarks in Africa

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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.