Patent registration in Namibia

Namibia has the potential to develop inventions in several sectors, taking advantage of natural resources and domestic demand. Namibia is one of the countries rich in mineral resources in the world, especially diamonds, uranium, gold, copper, and other minerals. Inventions in this field can focus on improving the technology of extraction, processing and refining minerals, as well as the development of value-added products from minerals. Namibia has great potential for renewable energy, especially solar and wind energy. Inventions in this area may focus on the development of new, efficient and low-cost renewable energy technologies, as well as energy storage solutions. Agriculture is an important sector of Namibia’s economy, contributing significantly to GDP and creating jobs for a large portion of the population. Inventions in this area can focus on improving crop and livestock yields, developing new varieties of crops and livestock, sustainable farming techniques, and efficient water resource management. Namibia has many tourist attractions, including national parks, nature reserves, and cultural heritage sites. Inventions in this area can focus on the development of new, innovative, and sustainable tourism products and services, as well as technological solutions for tourism management and promotion. The Namibian government also encourages inventions in the field of green technology and sustainable development. To promote patent activity, Namibia needs to improve its intellectual property system, increase investment in research and development, and create a conducive environment for inventors and start-ups. Viet An Law would like to guide customers through the preliminary procedures for patent registration in Namibia through the article below.

Legal Basis

• Industrial Property Law, 2012 (Act No. 1 of 2012) (Amended by Act No. 8 of 2016)

Definition of Patents in Namibia

In Namibia, a patent is an exclusive right granted to a new, innovative, and potentially industrially applicable invention.

• Newness (Novelty): The invention must not be publicly disclosed anywhere in the world prior to the date of filing the patent application.
• Creative Advancement (Not Obvious): The invention must not be obvious to a person with expertise in the relevant field, meaning it cannot be a simple modification or a combination of existing knowledge.
• Industrially Applicable (Useful): The invention must have the ability to be created or used in any type of industry, including agriculture, healthcare, manufacturing, or services.

Patent Search in Namibia

Some platforms can be used to searched:

Business and Intellectual Property Authority (BIPA) website

BIPA is the official government body responsible for intellectual property rights in Namibia. Their website offers a searchable patent database. However, information may be limited or not available in English. Customers can visit their website here: https://www.bipa.na/intellectual-property/patents-and-utility-models/

African Regional Intellectual Property Organization (ARIPO) e-service platform

Since Namibia is a member of ARIPO, users can search the ARIPO database for patents in Namibia. Their database allows users to search by patent number, applicant name, inventor name, or keyword. Users can access the ARIPO e-service platform here: https://eservice.aripo.org/pdl/pqs/quickSearchScreen.do

WIPO PATENTSCOPE

The World Intellectual Property Organization (WIPO) also provides a global database of patents called PATENTSCOPE. Users can use this tool to search for patents filed under the Patent Cooperation Treaty (PCT), including Namibia. Customers can access PATENTSCOPE here: https://patentscope.wipo.int/search/en/search.jsf

Espacenet

Espacenet is the patent search engine of the European Patent Office (EPO). The system provides access to a large number of patent documents from around the world, including some from Namibia. Users can access Espacenet here: https://worldwide.espacenet.com/

Google Patents

Google Patents is another option for searching for patents. The system offers a large database of patents from around the world and is relatively easy to use. Users can access Google Patents here: https://patents.google.com/

Patent registration dossier in Namibia

• 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 Namibia 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 participating countries, including Namibia.

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 Bureau (IB).

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