Guide to Register Patent in Mauritania

Patent registration in Mauritania is a crucial step for inventors and businesses seeking to protect their intellectual property rights. This guide provides a comprehensive overview of the patent registration process, ensuring you understand the necessary requirements and procedures. Mauritania has the potential to develop inventions in several areas, taking advantage of its natural resources and geographical location. Mauritania has great potential for solar energy thanks to its location in the hot Sahel region all year round. Inventions related to solar panel technology, energy storage systems, and solar energy applications in agriculture and residential can bring great benefits. The Mauritanian coast has the potential to exploit wind energy. Inventions in wind turbines, wind forecasting systems, and the integration of wind energy into the national grid can contribute to sustainable development. Mauritania is one of the major producers of iron ore in the world. It is important to have support from the government, international organizations and the private sector to encourage, invest in and protect inventions in Mauritania. Viet An Law would like to guide customers through the preliminary procedures for patent registration in Mauritania through the article below.

Legal Basis

• Law No. 2000-05 of January 18, 2000 on the Commercial Code (as amended by Law No. 2015-32 of September 10, 2015)

Patent registration in Mauritania through the OAPI system

What is OAPI System?

OAPI stands for Organisation Africaine de la Propriété Intellectuelle (African Intellectual Property Organization). It is an intergovernmental organization that facilitates the protection of intellectual property rights in 17 member states, mainly French-speaking countries in Africa.

OAPI was established in 1977 through the Bangui Agreement and serves as a unified patent and trademark office for member states. This means that a single patent or trademark application filed with OAPI will grant protection in all member states, simplifying the process and reducing costs for the applicant.

Main Functions of OAPI

• Patenting and trademarks: OAPI reviews and patents inventions and registers trademarks for goods and services.
• Promotion of intellectual property: OAPI raises awareness of the importance of intellectual property and encourages innovation and creativity in member states.
• Harmonization of Laws: OAPI works to harmonize intellectual property laws and regulations across member states in order to create a consistent and controllable legal framework.

Patent registration dossier in Mauritania through the OAPI system

• Patent Application: A formal application for a patent usually requires information about the applicant and the inventor: Full name, address, and nationality.
• Patent Description: A detailed description of the invention, including its specifications, how it works, and its advantages over existing solutions.
• Protection requirements: Clearly define the desired scope of protection for the invention.
• Summary: A brief summary of the invention.
• Drawings (if any): Visual illustrations of the invention.
• Priority document (if priority is required): A copy of a previous patent application filed in another country.
• Power of Attorney (if applying through a representative):
• Authorize a representative to file the application on behalf of the applicant.

Note: Language: Applications must be submitted in French or English, which are the two official languages of OAPI.

Process of processing a patent application in Mauritania through the OAPI system

• Filing: The applicant submits the patent application to the OAPI Office in Yaoundé, Cameroon or the local OAPI office in the member state. The dossier must be submitted as above.
• Formal due diligence: OAPI checks the completeness and compliance with the formal requirements of the dossier. If the application does not meet the requirements, OAPI will require the applicant to correct or supplement it within the specified time limit.
• Publication of the application: If the dossier meets the formal requirements, OAPI will publish the patent application on the Official Gazette of OAPI. This publication is intended to inform the public of the application and allow third parties with relevant interests to submit objections.
• Content appraisal: OAPI conducts an appraisal of the content of the invention to evaluate the novelty, level of creativity and industrial applicability of the invention. This process involves searching for information about previous inventions and comparing them to the patent under consideration.
• Grant or Refusal of Patents:
  • If the invention meets the criteria for granting a patent, OAPI will issue a patent and issue a certificate to the applicant. The patent is valid for 20 years from the date of filing.
  • If the invention does not meet the criteria for granting a patent, OAPI will reject the application. The applicant may appeal this decision to the Board of Directors of OAPI.
• Patent Maintenance: The patent owner must pay an annual maintenance fee to keep the patent valid.

Patent registration in Mauritania 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 countries participating, including Mauritania.

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).
• Power of Attorney (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 Bureau (IB).

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