Patents, Trademarks & Designs

Tunisia Patents

Patent Registration in Tunisia

Tunisia patents have a duration of 20 years from date of filing.  Tunisia is a member of PCT and the Paris Convention (International treaty for the protection of Industrial Property). Patent applications have a requirement of absolute novelty. 

Types of Patents:

  • Patents of Invention
  • National Phase PCT Application
  • Validation of a European patent

Filing Requirements:

Non-PCT applications:

  • Simply signed Power of Attorney (can be late filed)
  • Specification, claims, drawings and abstract with English, Arabic or French translation (required upon filing)
  • Deed of assignment (can be late filed)
  • Certified copy of the priority document (if applicable) with verified translation into the language that the application was filed in (must be filed within 3 months of the filing date)

PCT applications:

  • Simply signed Power of Attorney (can be late filed)
  • Specification, claims, drawings and abstract with English, Arabic or French translation (required upon filing)
  • International Patent Classification (can be late filed)
  • 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:

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

Types of Designs:

  • Industrial Designs

Filing Requirements:

  • Simply signed Power of Attorney (required upon filing)
  • Drawings or photographs of the design (required upon filing)
  • A statement indicating the kind of products for which the design is to be used in French or Arabic (required upon filing)
  • Certified copy of priority document (if applicable) with verified French or Arabic translation (must be filed within 3 months of the filing date)

Duration / Renewals:

The design has a term of 5, 10 or 15 years from date of filing, dependent on what the applicant decides and upon payment of the set fees. It is possible to extend protection for a further 5 or 10 years as long as it does not exceed the maximum protection of 15 years.

International and Regional Systems:

  • Paris Convention
  • The Hague Agreement

Patent Cooperation Treaty (PCT)

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. 

Paris Convention

Nigeria 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, trade marks 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, trade marks and industrial designs to name a few.

Patents, Designs and Trademarks in Africa

File in Africa

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.