Unlock Innovation in Cameroon by Patent Application

Patent application can be the key to unlock innovation in Cameroon, which has the potential to develop inventions in many areas, especially based on its advantages in natural resources, economic development needs, and social challenges. Cameroon has fertile soil, a diverse climate, and abundant water resources, which are favorable for the cultivation of a variety of crops such as cocoa, coffee, bananas, cotton, rubber, and oil palm. Inventions in this area could focus on improving crop yields, developing new crop varieties that are more resistant to drought and pests, as well as sustainable and efficient farming techniques. Post-harvest processing of agricultural products is also a potential area to increase the added value of agricultural products and reduce waste. Cameroon has great potential for renewable energy, especially hydropower, solar energy, and biomass. Inventions in this area could focus on harnessing these renewable energy sources to provide electricity to people and industries, helping to reduce dependence on fossil fuels and reduce greenhouse gas emissions. Information and communication technology is growing rapidly in Cameroon and has the potential to promote economic growth, improve education and health, and strengthen governance. Inventions in this area may focus on the development of mobile applications, online platforms, and other technological solutions to solve Cameroon’s specific problems, such as mobile payments, e-commerce, online education, and telemedicine. Therefore, more and more individuals and organizations need to register patents in Cameroon. Viet An Law would like to guide customers through the article below.

Legal Basis

• Law No. 2002/004 of 19 April 2002 on the Investment Charter of the Republic of Cameroon

Definition of Invention in Cameroon

In Cameroon, a patent is a legal certificate that grants the holder of the exclusive right to exploit an invention for a limited period of time, usually 20 years. This exclusive right allows the patent holder to prevent others from producing, using, selling, or importing the patented invention without their permission.

Types of patents that can be registered in Cameroon

• National Patents: Filed directly with OAPI, which acts as Cameroon’s national intellectual property office. National patent granting exclusive rights to inventions in Cameroon territory
• Regional patents: Also filed through OAPI and valid in all 17 member states of OAPI, including Cameroon.

In addition, although not registered directly in Cameroon, inventors can also apply for protection through:

• International Patents: Cameroon is a member of the Patent Cooperation Treaty (PCT). Filing an international patent application through the PCT can simplify the process of seeking protection in many countries, including Cameroon.

Conditions for registering a patent in Cameroon

• Novelty: The invention must be new and not within the scope of existing technology (existing knowledge or technology) at the time of filing.
• Innovation: The invention must not be obvious to a person with expertise in the field. It must include a creative leap that is not easily deduced from existing knowledge.
• Industrial Applicability: The invention must be able to be used or fabricated in any type of industry. It must have a practical application and be capable of industrial production or mining.

Patents that are not registrable

• Discoveries, scientific theories, and mathematical methods
• Aesthetic Creativity
• Plant or animal varieties, or biological processes essential for the production of crops or animals (except for microbiological processes and their products)
• Treatment of the human or animal body with surgery or therapy, and diagnostic methods performed on the human or animal body
• Inventions that are contrary to public order or ethics

Patent registration in Cameroon through the OAPI system

OAPI stands for Organisation Africaine de la Propriété Intellectuelle, which is the African Intellectual Property Organization in English. It is an intergovernmental organization established in 1977, headquartered in Yaoundé, Cameroon. OAPI has 17 member states, including Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros, Congo, Ivory Coast, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Mali, Mauritania, Niger, Senegal and Togo.

OAPI is tasked with administering a common intellectual property protection system for member states. This means that a patent, trademark or industrial design registered at OAPI will be protected in all 17 member states.

Patent registration dossier through the OAPI system

Patent application:

• Patent registration form: Fill in all information according to the form provided by OAPI. The form must be written in French.
• Description of the invention: A detailed and clear description of the invention, including technical drawings (if any). The description must be detailed enough for a person with expertise in that field to be able to carry out the invention.
• Protection claims: Clearly define the scope of protection that the applicant wants for his invention.
• Patent Summary: A brief summary of the invention (no more than 150 words).

Additional Documents:

• Power of attorney (if applicable): If the applicant authorizes another organization (e.g., an intellectual property attorney) to represent you, a valid power of attorney is required.
• Receipt of fee payment
• Certified copy of priority document (if applicable): If the applicant wishes to claim priority based on a previously filed patent application in another country, the applicant needs to submit a certified copy of the application.

Note: All documents must be submitted in French, the official language of OAPI.

Patent registration in Cameroon 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 Cameroon.

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 Cameroon by Viet An Law Firm

• Perform the search and notify the customer in writing of the results of the patent search in Cameroon;
• Drafting dossiers and directly filing and monitoring the status of patent applications in Cameroon on behalf of the patent owner;
• Notifying, advising and handling shortcomings/rejections of competent State agencies (if any) in the process of monitoring patent applications in Cameroon;
• Assist in monitoring and representing the resolution of objections and feedback to the intellectual property representative carrying out the procedure in Cameroon.
• Receive official dispatches, certificates and hand over to customers (if any).

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