Patents
For nearly thirty years from independence in 1975 there was thought to be no effective Industrial Property legislation. In 2003 the Government affirmed the ongoing validity of a Portuguese Code of 1940, that had been neglected in Cape Verde. An IP Office was established, which enabled applications to be filed in preparation for the implementation of a new law. This new legislation, Decree-Law No. 4-2007, came into effect in August 2007. It repealed the 1940 Code and recognises such applications as were filed thereunder.
International Arrangements:
- WIPO (from 7 July 1997)
- Cape Verde is not a member of the Paris Convention but the 2007 Code, like that of 1940, provides for priority to be claimed and such claims are recognised in practice.
Types of Patents Available:
- Patents of Invention
Novelty Requirements:
Absolute novelty is required. However, novelty is not destroyed by disclosure:-
- To scientific or professional, technical bodies or at official or officially recognised exhibitions in Cape Verde or in WIPO and/or WTO member states held within twelve months preceding the filing date;or
- Resulting from an evident abuse in relation to the inventor or his successor in title, or improper publication by the national Intellectual Property Institute.
Patentability:
Diagnostic, therapeutic and surgical methods for the treatment of humans and animals are not patentable. However products for use in any such methods may be patented.
Filing Requirements:
Patents of Invention:
- Power of Attorney (notarised) (can be late filed, no set deadline)
- Specification, claims and abstract in Portuguese (required on the day of filing)
- Formal drawings, if applicable (required on the day of filing)
- Assignment of Invention (can be late filed, no set deadline)
- Priority document with verified Portuguese translation (can be late filed within three months)
Grant:
The term of a patent is twenty years from the filing date.
Renewal:
Renewal fees fall due annually commencing on the first anniversary of the filing date.