Patents

 International Arrangements:

  • WIPO (from 23 December 1991)
  • Paris Union (from 1 January 2004)
  • PCT (from 1 January 2004)
  • ARIPO (from 23 April 2004)

Types of Patents Available:

  • Patents of Invention
  • National Phase PCT Application
  • ARIPO Application
  • ARIPO Regional Phase PCT Application

Novelty Requirements:

Absolute novelty is required. However, novelty will not be destroyed if the disclosure of the invention to the public occurred not earlier than six months preceding the filing date or where applicable the priority date, and it was as a consequence of:

  • acts committed by the applicant or his predecessor in title; or
  • an abuse committed by a third party with regard to the applicant or his predecessor in title.

Patentability:

A discovery; a scientific theory; a mathematical method; a literary, dramatic, musical or artistic work or any other aesthetic creation; a scheme, rule or method for performing a mental act, playing a game or doing business; a programme for a computer; or the presentation of information are not patentable.

A patent will not be granted for a plant, or an animal or an essentially biological process for the production of an animal or a plant, unless it is a microbiological process or the product of such a process.

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:

National Phase PCT Application:

  • Declaration and Power of Attorney (Form G2) (simply signed) (can be late filed within sixty days)
  • Specification, claims and abstract in English (required on the day of filing)
  • Formal drawings, if applicable (required on the day of filing)
  • International Patent Classification (can be late filed, no set deadline)
  • Assignment of Invention (can be late filed within sixty days)
  • Copy of Published International Application (required on day of filing)
  • Copy of International Search Report (can be late filed, no set deadline)
  • Copy of International Preliminary Report on Patentability (can be late filed, no set deadline)

Patents of Invention:

  • Declaration and Power of Attorney (Form G2) (simply signed) (can be late filed within sixty days)
  • Specification, claims and abstract in English (required on the day of filing)
  • Formal drawings, if applicable (required on the day of filing)
  • Assignment of Invention (can be late filed within sixty days)
  • Certified copy of priority document, if priority claimed, with verified English translation (can be late filed)

ARIPO application in which Namibia is designated:

Please see aripo

ARIPO Regional Phase PCT application:

Please see aripo

Grant:

The term of a patent is twenty years from the filing date. The term of patents granted prior to 1 August 2018 continues to be fourteen years.

Renewal:

Renewal fees fall due annually commencing on the first anniversary of the filing date. Renewal fees for patents granted prior to 1 August 2018 will be due annually from the next anniversary of the filing date.

 

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