Patent application in Comoros

Comoros has certain advantages that can be exploited for patent development. Comoros is a small island nation in the Indian Ocean, with an economy that relies heavily on agriculture and fishing. However, Comoros has natural resources such as fertile land, seafood-rich waters, and the potential for renewable energy (wind, solar). Inventions that focus on the sustainable exploitation and use of these resources can bring economic and environmental benefits. Comoros has a mix of African, Arabic, and French cultures. This diversity can be an inspiration for inventions in the fields of arts, handicrafts, cuisine and tourism. Comoros can take advantage of international support and cooperation programs to develop inventions. For example, international organizations can provide finance, training, and advice to Comoros inventors. Viet An Law would like to guide customers through the preliminary procedures for patent registration in Comoros through the article below.

Legal Basis

• Law of July 5, 1844 on Patents for Inventions

Patent registration in Comoros 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 provides a unified system for the protection of intellectual property rights (IPRs) in 17 member states.

Key features of OAPI

• Uniform System: OAPI provides a single application and registration process for patents, trademarks, and industrial designs, making it easier and more cost-effective for inventors and businesses to protect their IPRs in many African countries.
• Regional protection: A single OAPI patent, trademark or industrial design registration grants protection in all member states, eliminating the need to file separately in each country.
• Harmonized Law: OAPI has harmonized the intellectual property laws of member states, creating a safer and more predictable legal environment for IPR holders.
• Centralized management: OAPI handles all aspects of IP protection, including inspection, registration, and enforcement, through its headquarters in Yaoundé, Cameroon.

Benefits of registering a patent through the OAPI system

• Reduced costs: Filing a single application with OAPI is cheaper than filing separately in each member state.
• Increased efficiency: Streamlined application and application processes save time and resources.
• Enhanced protection: OAPI’s harmonized law and centralized management provide stronger protection for IPRs in Africa.
• Greater Market Access: OAPI membership facilitates access to the vast and growing African market for businesses and inventors.

In conclusion, OAPI plays an important role in promoting innovation and creativity in Africa by providing a robust framework for the protection of intellectual property rights. By simplifying the IP protection process and harmonizing the law, OAPI helps businesses and inventors thrive in the African market.

Patent registration dossier in Comoros through the OAPI system

• Patent application: This document should include the title of the invention, the name and address of the applicant, the name and address of the inventor, and the designation of the country where protection is sought (in this case, Comoros).
• Description of the invention: This text should provide a clear and complete description of the invention, including the technical problem it solves, the proposed solution, and how to implement it. In addition, the text also needs to provide enough detail so that a person with expertise in this field can reproduce the invention.
• Protection claims: Protection claims define the scope of protection sought for the invention.
• Drawings: The provision of drawings is necessary to understand the invention. Each drawing needs to be numbered and referenced in the description.
• Abstract: A brief summary of the invention, no more than 150 words.
• Priority documents (if applicable): If the applicant has filed a patent application for the same invention in another country, the applicant can claim priority based on that record. The applicant will need to provide a copy of the previous application and a certified translation if it is not in French.
• Power of attorney (if applicable): If the applicant files through a representative (e.g., a patent attorney) to file the application, the applicant will need to provide a power of attorney that allows them to file the application on behalf of the applicant.
• Additional Documentation: Depending on the specifics of the applicant’s invention and the OAPI’s requirements, the applicant may need to provide additional documents such as a transfer agreement, copyright claim, or search report.

Patent registration in Comoros 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 Comoros.

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).

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