Guide to register patent in Madagascar

Madagascar has the potential to develop inventions in several areas, taking advantage of its unique natural resources and biodiversity. Madagascar is the world’s leading producer of vanilla. Inventions can focus on improving crop yields, developing new processing methods, or creating value-added products from vanilla. The country has a variety of endemic spices and herbs, such as Voatsiperifery pepper, Madagascar cinnamon, and wild ginger. Inventions may involve exploring new applications for these spices, developing sustainable farming practices, or creating unique combination products. Madagascar has a variety of special tropical fruits, such as lychee, mango, and rambutan. Inventions may focus on improving preservation and processing techniques, developing new fruit products, or finding potential export markets. Madagascar has a treasure trove of medicinal plants that have not been fully exploited. Inventors can study the healing properties of these plants, develop new drugs, or create natural health care products. Many plants in Madagascar contain valuable essential oils, which are used in the cosmetics and flavoring industries. Inventions may focus on extracting and refining these essential oils, or developing new beauty and skincare products. Madagascar has great potential for solar energy due to its favorable geographical location and climate. Inventions can focus on developing solar energy systems that are efficient, affordable, and suitable for local conditions. These are just a few examples of areas where Madagascar can develop inventions. By taking advantage of its natural advantages and investing in research and development, Madagascar can become an innovation hub in the Indian Ocean region. Viet An Law would like to guide you through the preliminary procedures for patent registration in Madagascar through the article below.

Legal Basis

• Ordinance No. 89-019 of July 31, 1989, Establishing Regulations on the Protection of Industrial Property

Definition of Patents in Madagascar

In Madagascar, a patent is a form of intellectual property protection granted to inventions that meet specific criteria:

• Novelty: The invention must not be part of the existing technology, meaning it must be new and not published before the date of filing the patent application.
• Innovation: The invention must not be obvious to someone with expertise in the field, meaning it must involve an innovation step that goes beyond what is expected from conventional innovations.
• Industrial Applicability: The invention must be able to be created or used in any type of industry, meaning it must have a practical application.

Types of patents that can be registered in Madagascar

• Invention Patents: Granted to new products or processes that meet the criteria of novelty, step of innovation, and industrial applicability. Invention patents can be divided into:
  • Product patents: Protection of new products, substances, or preparations.
  • Process Patents: Protects new methods of manufacturing or using existing products.
• Supplemental Certificate: Granted for improvements to a patented invention. The certificate adds protection for the improvement while the original patent is still in effect.

Patent Search in Madagascar

OMAPI Database

The Industrial Property Office of Madagascar (OMAPI) maintains a database of national patent applications and granted patents. Users can access it through their website: http://www.omapi.mg/. However, the database may be limited in terms of search functionality and language options.

WIPO PATENTSCOPE

It is a comprehensive database provided by the World Intellectual Property Organization (WIPO), which allows users to search for patents from all over the world, including Madagascar. The system offers advanced search features and filtering options. Users can access here: https://patentscope.wipo.int/search/en/search.jsf

Espacenet

It is another free patent database provided by the European Patent Office (EPO), which allows users to search for patents from Madagascar and other countries. The system offers advanced search features and different language options. Users can access here: https://worldwide.espacenet.com/

Inventa

It is a commercial patent database that provides comprehensive information on patents from Madagascar and other countries. The system provides advanced search features, detailed patent information, and legal status updates. Users can access here: https://inventa.com/en/territory/mg/patents

Patent registration dossier in Madagascar

• Patent Application: This form includes information such as the name of the invention, the name and address of the inventor(s) and the applicant(s), and the filing date.
• Description: This is a detailed description of the applicant’s invention, including the context, the technical field, the problems it solves, and how it works. The applicant must provide sufficient detail so that a person with expertise in the field can understand and reconstruct the invention. The information typically includes the following sections:
  • Name of the invention
  • Technical Field
  • Background art
  • Patent Summary
  • Brief description of the drawings (if applicable)
  • Detailed description of the invention
  • Industrial applicability
• Protection Claims: This is a numbered list of claims to determine the scope of protection for one’s invention. Claims for protection are the most important part of a patent application, as they define the scope of the applicant’s exclusive rights.
• Drawings (if any): If the applicant’s invention can be illustrated, drawings should be provided to help clarify the description.
• Summary: A brief summary of the invention, usually about 150 words or less.
• Priority documents (if any): If the applicant has applied for a patent for the same invention in another country within the last 12 months, the applicant can claim priority.
• Power of attorney (if any): If the applicant files through the patent representative, it is necessary to provide them with a power of attorney on behalf of the applicant.
• Other documents (if applicable): Depending on the applicant’s case, the applicant may need to file other documents, such as a transfer agreement if the applicant is not the inventor, or a copyright statement.

Patent registration in Madagascar through the PCT system

What is the PCT System?

The PCT system stands for Patent Cooperation Treaty – an international treaty that aims to create a uniform process for filing international patent applications. The system is administered by the World Intellectual Property Organization (WIPO) and has more than 150 participating countries, including Madagascar.

Benefits of the PCT system:

• Save time and money: The PCT system allows the applicant to file a single patent application for patent protection in multiple countries participating in the Treaty, rather than having to file a separate application in each country. This saves time, costs and administrative procedures.
• Postponement of the national filing deadline: When filing a PCT application, the applicant has an additional 30 months to decide which country the applicant wants to protect the invention. This is a valuable time for the applicant to evaluate the commercial potential of the patent and prepare for the filing of the national application.
• Simple Process: The PCT System uses a common set of rules and procedures for all participating countries, which simplifies the filing process and saves time for both the applicant and the national patent office.
• Early Search Information: The International Search Report and Written Opinion of the International Patent Search Agency will provide the applicant with information about the novelty and patentability of the patent, helping the applicant to make an informed decision about filing a national application.
• Enhanced international cooperation: The PCT system encourages international cooperation in the field of patents by creating a common platform for the exchange of information and the sharing of experiences between countries.
• Support innovation: The PCT system helps promote innovation by reducing the procedural burden on inventors and making it easier for them to protect their patents worldwide.

Patent registration dossier through the PCT system

To file an invention registration through the PCT system, you need to prepare a set of documents including the following documents:

• PCT Application: The application can be filed in Vietnamese or English, however, it is recommended that it be filed in English to facilitate the processing. You can download the PCT application form from the WIPO website: https://www.wipo.int/pct/en/forms/
• Description of the invention: The description of the invention should present the invention in detail and clearly, including:
  • Patent Name Technical Field
  • Patent Summary
  • Detailed explanation of the invention
  • Drawings (if any)
  • Request for protection
• Claim for protection: The claim for protection should clearly define the scope of protection that the applicant wants to give the invention.
• Patent Claims: Patent claims need to clearly identify the inventor (or inventors).
• Letter of Authorization (if applicable): If the applicant uses an intellectual property representative to file the application, the applicant needs to provide a Letter of Authorization that authorizes the representative to represent the applicant during the filing process and process the procedure.

Additional documents (may be required):

• Priority documents (if any): If the applicant filed an application for the same patent in another country before filing the PCT application, the applicant may claim priority based on the date of filing that application.
• Translation (if applicable): If any of the documents on file are not in English or French, the applicant needs to provide a translation into either of these languages.
• Application fee: The applicant needs to pay the PCT filing fee to the International Receiving Office (IB).

Patent registration services in Madagascar by Viet An Law Firm

• Perform the search and notify the customer in writing of the results of the patent search in Madagascar;
• Drafting dossiers and directly filing and monitoring the status of patent applications filed in Madagascar on behalf of the patent owner;
• Notifying, advising and handling deficiencies/refusals of competent State agencies (if any) in the process of monitoring patent applications in Madagascar;
• Assist in monitoring and representing objections and responding to intellectual property representatives carrying out procedures in Madagascar.
• Receive official dispatches, certificates and hand over to customers (if any).

If you want to file a patent application, please contact Viet An Law for the most effective support.