Patent registration in Congo

Patent protection is a critical step in safeguarding your intellectual property and capitalizing on your inventions in Congo. The Democratic Republic of the Congo (DRC) has tremendous potential in many areas of invention, especially due to the country’s wealth of natural resources and the need to develop its infrastructure. Congo is one of the richest countries in the world, with large reserves of cobalt, copper, coltan, diamonds, gold and many others. Inventions in this field may focus on more efficient, environmentally friendly mining technologies, as well as processing methods to increase the added value of minerals before export. Innovative solutions in mineral traceability are also important to ensure sustainability and transparency in this industry. Congo has huge hydropower potential, especially from the Congo River, as well as the potential for solar and wind energy. Inventions in the field of renewable energy can focus on harnessing these energy sources to provide electricity to people and industries, helping to reduce dependence on fossil fuels and reduce greenhouse gas emissions. Congo has a large area of agricultural land and a favorable climate for cultivation. Inventions in this area can focus on the development of high-yielding crop varieties, better drought and pest tolerance, as well as sustainable and efficient farming techniques. Post-harvest food processing is also a potential area to increase the added value of agricultural products and reduce waste. Invention and innovation in Congo also faces many challenges, including a difficult business environment, lack of investment capital, an incomplete intellectual property system, and a lack of qualified human resources. However, with its immense potential and support from the government and the international community, Congo can become a hub for innovation and innovation in the region. Therefore, Viet An Law would like to guide customers through the preliminary procedures for patent registration in Congo through the article below.

Legal Basis

• Decree No. 2001-238 of May 17, 2001 on Industrial Property Protection

Definition of Invention in Congo

In the Democratic Republic of the Congo, a patent is a legal certification that grants the holder of the exclusive right to exploit an invention for a limited period of time (usually 20 years). This means that the patent holder has the sole right to manufacture, use, sell or import the patented invention within the Congo.

Types of patents that can be registered in Congo

• Invention Patents: Granted to new inventions that are not within the scope of existing technology and meet the criteria of novelty, innovation step, and industrial applicability.
• Imported Patents: This type of patent covers inventions that have been patented overseas. The term of protection of a patent imported in Congo is equal to the remaining term of the corresponding foreign patent.
• Improvement Patent: Granted for any improvement made to an already patented invention. The term of protection of an improvement patent ends at the same time as the main patent to which it is attached.

Conditions for registering a patent in Congo

• Novelty: The invention must be new and not within the scope of existing technology (existing knowledge or technology).
• Innovation step: The invention must not be obvious to a person with expertise in that field. It must include a creative step 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 an actual application.

Patents not registered in Congo

• Discovery, scientific theory, 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).
• The treatment of the human or animal body with surgery or therapy, and the diagnostic method performed on the human or animal body.

Patent Search in Congo

African Intellectual Property Organization (OAPI)

DRC is a member of OAPI, a regional intellectual property organization in Africa. OAPI provides a searchable database of patents granted in its member states, including the DRC. Customers can access their database through their website.

WIPO PATENTSCOPE

It is a global patent search database maintained by the World Intellectual Property Organization (WIPO). You can use it to search for patents granted in the DRC and other countries.

Commercial Patent Database

There are several commercial patent databases that offer a comprehensive patent search service. These databases often have advanced search features and include patents from multiple countries, including the DRC. Examples of commercial patent databases include: Questel Orbit, PatBase and Derwent Innovation…

Patent registration dossier in Congo

• 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 Congo 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 Congo.

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 Congo by Viet An Law Firm

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

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