Register patent in Lesotho

Lesotho, a small country located in the heart of South Africa, has certain advantages for developing inventions in various fields. Lesotho has great potential in agriculture and livestock, especially wool products, mohair, and drought-tolerant crops. Inventions focused on improving yields, product quality, sustainable farming techniques, and agricultural processing technologies can bring significant economic benefits to the country. With abundant water from rivers and reservoirs, Lesotho is able to develop inventions related to water resource management, efficient irrigation technology, clean water treatment and hydroelectric power. Lesotho possesses stunning natural landscapes, unique culture, and adventurous tourism activities. Inventions in the field of sustainable tourism, tourism support technology, cultural heritage preservation and the development of unique tourism products can attract tourists and promote economic growth. Lesotho has reserves of diamonds and other minerals. Inventions in the field of advanced mining technology, efficient mineral processing and the application of new technologies in the mining industry can help to maximize the potential of the country’s resources. Lesotho has the potential to develop renewable energy from wind and solar. Innovations in the fields of renewable energy technology, energy storage and smart energy management can help Lesotho diversify its energy sources and mitigate the impact of climate change. In order to maximize these advantages, Lesotho needs to strengthen cooperation with international partners, attract foreign investment and create a favorable environment for businesses and inventors. Viet An Law would like to guide customers through the preliminary procedures for patent registration in Lesotho through the article below.

Legal Basis

• Industrial Property Order 1989 (Order No. 5 of 1989, amended to Act No. 4 of 1997);
• Other relevant legal documents.

Definition of Invention in Lesotho

In Lesotho, a patent is an exclusive right granted by the government to an inventor for their invention. This right allows the inventor to prevent others from making, using, selling, or importing a patented invention without their permission for a limited period of time.

Conditions for patent registration in Lesotho

• Novelty: The invention must be new, which means that it has not been publicly disclosed in any form prior to the date of filing the patent application.
• Innovation step: The invention should not be obvious to someone with expertise in the technical field, which means it involves an innovation step that is not easily deduced from existing knowledge.
• Industrial Applicability: The invention must be able to be used or created in any type of industry, which means it has practical application or use.

Types of patents that can be registered in Lesotho

• Invention Patents: Granted to new products or processes that have an innovative step and have the potential to be applied in industry. This is the most common type of patent.
• Utility model patents: They are sometimes referred to as “minor patents” or “innovation patents.” They protect new models of tools or tools of any industrial product, which are new and industrially applicable. They typically have shorter durations and less stringent requirements than invention patents.

Patent registration dossier in Lesotho

• 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 Lesotho 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 Lesotho.

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.