How to Register Patent in Niger

Niger, with its unique geographical, economic, and social features, has the potential to develop inventions in a number of specific areas, taking advantage of the available advantages and meeting the country’s urgent needs. Niger is a country with a large area of desert, facing severe desertification and drought. Inventions in this area may focus on the development of drought-tolerant crop varieties, water-saving farming techniques, effective land management, and smart irrigation systems. Livestock farming is an important economic activity in Niger. Inventions can focus on improving livestock breeds, disease management, animal feed, and technological solutions to support sustainable livestock. Niger has huge potential for solar energy. Patents on solar cells, solar power systems, and solar applications in agriculture and life will make an important contribution to the country’s power supply. With biomass sourced from agriculture and forestry, inventions on converting biomass into energy could be a potential direction. In addition, other sectors such as mining, sustainable tourism, and handicrafts also have the potential to develop inventions. To promote patent activity, Niger needs to improve its intellectual property system, increase investment in research and development, and create a favorable environment for inventors and start-ups. Viet An Law would like to guide customers through the preliminary procedures for patent registration in Niger.

Legal Basis

• Regulation of February 24, 1999, pursuant to the Agreement Amending the Bangui Agreement of March 2, 1977, on the establishment of the African Intellectual Property Organization

Patent registration in Niger through the OAPI system

What is OAPI System?

The African Intellectual Property Organization (OAPI) is an intergovernmental organization responsible for the protection of industrial property rights in 17 member states in West and Central Africa. OAPI was established under the Bangui Agreement in 1977 and is headquartered in Yaoundé, Cameroon.

Characteristics of the OAPI system

• Uniform Law: OAPI member states share a common system of intellectual property law, which is stipulated in the Bangui Agreement and related legal documents.
• Joint Office: OAPI serves as the sole intellectual property office for all member states.
• Centralized procedure: All intellectual property applications are filed and processed by OAPI.
• Unique Certification: OAPI issues a unique intellectual property certificate that is valid in all member states.

Advantages of OAPI system

• Simplified procedures: Instead of having to file in each country, applicants only need to submit a single application to OAPI.
• Cost-effective: The cost of registering and maintaining intellectual property rights is lower than registering in individual countries.
• Broader protection: OAPI certification provides protection in 17 countries, facilitating business and trade in the region.

Disadvantages of the OAPI system

• Lack of flexibility: The OAPI system does not allow applicants to choose protection in certain member states.
• Processing Time: Application processing times can be lengthy due to OAPI’s large workload.

Patent registration dossier in Niger through the OAPI system

• Patent application: This application must be written in French and include the following information:
  • Name and address of the applicant
  • Name and address of the inventor (if different from the applicant)
  • A detailed description of the invention, including technical drawings (if any)
  • Protection requirements, clearly define the desired scope of protection
  • Patent Summary
• Power of Attorney: If the applicant does not file the application in person, a power of attorney for a representative (attorney or intellectual property agent) is required to file and process the application.
• Proof of Payment: The applicant needs to pay the fees associated with the application, examination, and grant of the patent in accordance with OAPI regulations.
• Priority documents (if applicable): If the applicant has applied for a patent for the same invention in another country within the previous 12 months, they can claim priority. To do this, it is necessary to submit a copy of the previous application and proof of filing.

Patent registration through the PCT system

What is the PCT System?

The Patent Cooperation Treaty (PCT) is an international treaty administered by the World Intellectual Property Organization (WIPO), which allows applicants to seek patent protection for their patents simultaneously in multiple countries through the filing of a single international patent application (“PCT application”).

Advantages of the PCT system

• Simplified Process: Instead of filing individually in each country, applicants only need to file a single PCT application.
• Cost Savings: Reduce the cost of initial filing and translation compared to filing multiple country applications.
• Extension period: Applicants have an additional 18 months (a total of 30 months from the earliest priority date) to decide which countries they wish to apply for protection and submit the necessary claims.
• International search report: The applicant receives an international search report, which provides information on relevant documents that may affect the patentability of the patent.
• International preliminary examination (optional): The applicant may request an international preliminary examination to obtain a preliminary opinion on the novelty, creative advancement, and industrial applicability of the invention.

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).

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