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Madagascar Patents

Patent & Design Protection

Madagascar patents havea duration of 15 years from date of filing. Madagascar 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. 

The Patent Cooperation Treaty – PCT is an international patent law treaty that provides a unified procedure for filing patent applications to protect inventions in all of its contracting states. 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:

  • Power of Attorney, notarised (must be filed within 2 months of the filing date)
  • Specification, claims, drawings and abstract with French translation (required upon filing)
  • Deed of assignment (can be late filed)
  • Certified copy of the priority document if applicable) with verified French translation (must be filed within 3 months of the filing date)

PCT applications:

  • Power of Attorney, notarised (must be filed within 2 months of the filing date)
  • Specification, claims, drawings and abstract with French translation (required upon filing)
  • Published International application (required upon filing)
  • International Search Report and International Preliminary Report on Patentability (can be late filed)

Novelty:

Absolute novelty only required.

Patentability:  

Pharmaceutical, veterinary, cosmetic and food products are not patentable.

Examination:

Formal examination, however certain applications are also subjected to substantive examination.

Duration/Renewals:

The patent has a duration of 15 years from date of filing with a possible extension of a further 5 years. Annual renewal fees are payable every year from the third anniversary of the filing date.

International and Regional Systems:

  • Paris Convention
  • PCT

Designs in Madagascar

Types of Designs:

  • Industrial Designs

Filing Requirements:

  • Power of Attorney (must be filed within 2 months of the filing date)
  • Drawings or photographs of the design (required upon filing)
  • A statement indicating the kind of products for which the design is to be used (required upon filing)
  • The nature of the design as well as corresponding class(es) of the International Classification for industrial design
  • Certified copy of priority document (if applicable) with verified French translation (must be filed within 3 months of the filing date)
  • Deed of assignment (can be late filed).

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.