Patents, Trademarks & Designs

Seychelles Patents

Patent Registration in the Seychelles

Seychelles patents have a duration of 20 years from date of filing and annual renewal fees are payable from the first anniversary of the filing date. Seychelles is a member of PCT and the Paris Convention (International treaty for the protection of Industrial Property). 

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 from the first anniversary of the filing date.

Patent 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 English translation (required upon filing)
  • Deed of assignment (can be late filed)
  • Certified copy of the priority document (if applicable) with verified English translation (can be late filed)

PCT applications:

  • Power of Attorney, notarised (must be filed within 2 months of the filing date)
  • Specification, claims, drawings and abstract with English translation (required upon filing)
  • 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)

International and Regional Systems

PCT

Seychelles 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

Seychelles 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:

  • Power of Attorney, notarised (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
  • Certified copy of priority document (if applicable) (can be late filed)
  • Sworn English translation of the Priority Document if not in English (can be late filed)
  • 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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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.