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Libya Patents

Patent & Design Protection

Libya patents havea duration of 20 years from date of filing. Annual renewal fees are payable from the first anniversary of the filing date. Libya 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
  • Patents of Addition
  • National Phase PCT Application

Filing Requirements:

Non-PCT applications:

  • Simply signed Power of Attorney (must be filed within 2 months of the filing date)
  • Specification, claims, drawings and abstract in English (required upon filing)
  • French translation of the specification, claims, drawings and abstract (required upon filing)
  • Arabic translation of the specification, claims, drawings and abstract (must be filed within 2 months of the filing date)
  • Certified copy of deed of assignment (must be filed within 3 months of the filing date)
  • Certified copy of priority document (if applicable) with verified French translation (must be filed within 3 months of the filing date)

PCT applications:

  • Simply signed Power of Attorney (must be filed within 2 months of the filing date)
  • The title of the invention in French (required upon filing)
  • French or Arabic translation of the specification, claims, drawings and abstract (must be filed within 2 months of the filing date)
  • Published International application (required upon filing)
  • International Search Report and International Preliminary Report on Patentability (can be late filed)

Novelty:

Absolute novelty required. 

Patentability:  

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

Examination:

Automatically proceed to 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

Types of Designs:

  • Industrial Designs

Filing Requirements:

  • Simply signed Power of Attorney (must be filed within 2 months of the filing date)
  • Drawings, photographs or 2 specimens of the design (required upon filing)
  • Certified copy of deed of assignment (must be filed within 2 months of the filing date)
  • Certified copy of priority document (if applicable) with verified French translation (must be filed within 2 months of the filing date)

Duration/Renewals:

The total duration of a design is 10 years from the date of filing the application. This is divided into 2 terms. The initial term is 1 year, which is extendable upon payment of renewal fees for a further 9-year term. The extension must be requested on filing or within the first year.

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.