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Sudan Patents

Patent & Design Protection

Sudan 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, including Sudan. Sudan Patents are valid for 20 years from the filing date and renewable from the 1st anniversary of the filing date. Sudan is a member of the Paris Convention (International treaty for the protection of Industrial Property) and the Madrid Protocol (an international system for obtaining trade mark protection for a number of regions through a single application).

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, signed under Corporate Seal or before a Notary Public (can be late filed)
  • Specification, claims, drawings and abstract with English translation (required upon filing)
  • Title and abstract, with Arabic translation (required upon filing)
  • Certificate of Incorporation, legalised (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, signed under Corporate Seal or before a Notary Public (can be late filed)
  • Specification, claims, drawings and abstract with English translation (required upon filing)
  • Title and abstract, with Arabic translation (required upon filing)
  • Certificate of Incorporation, legalised (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 Sudan is designated or ARIPO Regional Phase PCT application.

Novelty:

Absolute novelty required.

Patentability:  

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

Examination:

Formal 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
  • ARIPO

Types of Designs:

  • Industrial Designs

Filing Requirements:

  • Power of Attorney, signed under Corporate Seal or before a Notary Public (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
  • Certificate of Incorporation, legalised (can be late filed)
  • Certified copy of priority document (if applicable) with verified English translation (must be filed within 3 months of the filing date)

ARIPO design designating Sudan.

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
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.