Protect Patent by Registration in Mozambique

Mozambique has the potential to develop inventions in several sectors, taking advantage of natural resources and domestic demand. Mozambique has a large area of agricultural land and a favorable climate. Inventions in this area can focus on improving crop yields, developing new crop varieties, sustainable farming techniques, and managing water resources effectively. With abundant solar and wind resources, Mozambique has the potential to develop renewable energy technologies such as solar cells, wind turbines, and energy storage systems. The development of telecommunications infrastructure and the increasing demand for connectivity create opportunities for inventions in the field of mobile applications, online services, and technology solutions for businesses. Mozambique has great tourism potential with its long coastline, nature reserves, and diverse cultural heritage. Inventions in this field may focus on the development of travel applications, online booking services, and sustainable tourism management solutions. Educational technologies such as online learning platforms, mobile learning apps, and digital content can help improve the quality of education and access to education for the people of Mozambique. In addition, other fields such as mining, construction, and manufacturing also have the potential to develop inventions. The Mozambique government also encourages inventions in the field of green technology and sustainable development. To promote patent activity, Mozambique 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 Mozambique through the article below.

Legal Basis

• The Industrial Property Code (approved by Decree No. 47/2015 of December 31, 2015).

Definition of Invention in Mozambique

In Mozambique, a patent is an exclusive right granted to a new invention, which has an innovative advancement and has industrial applicability.

• New: An invention is considered new if it is not within the scope of existing knowledge, meaning that it has not been publicly disclosed in Mozambique or any other part of the world before the filing date or priority date of the patent application.
• Innovative Advancement: An invention is considered to have an innovative advancement if it is not obvious to a person with expertise in the field of engineering, which means that it is not just a conventional improvement or a combination of known elements without producing a surprising or unexpected technical effect.
• Industrial Applicability: An invention has industrial applicability if it can be created or used in any type of industry, including agriculture, healthcare, manufacturing, and services.

Types of Inventions Not Registered in Mozambique

• Discoveries, scientific theories, and mathematical methods
• Aesthetic Creativity
• Diagrams, rules, and methods for performing intellectual acts, playing games, or business
• Computer programs (although they may be eligible for copyright protection)
• Methods of treating the human or animal body with surgery or therapy, and diagnostic methods performed on the human or animal body (although products used in these methods may be patentable)
• Plant or animal varieties, or biological processes essential for the production of plants or animals (although microbial processes and products obtained by these processes may be patentable).

Patent registration dossier in Mozambique

• 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 Mozambique 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 Mozambique.

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 Bureau (IB).

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