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 It repealed the 1940 Code and recognises such applications as were filed thereunder.
- 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
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.
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.
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)
The term of a patent is twenty years from the filing date.
Renewal fees fall due annually commencing on the first anniversary of the filing date.