Filling Procedures

Filing an Application

Applications may be filed by the applicant (who can be an inventor or his/her assignee) or by the authorized representative of the applicant (attorney, agent, or legal practitioner) who has the right to represent the applicant before an industrial property office of any of the Harare Protocol contracting states. Representation is mandatory for applicants who are not resident or whose principal place of business is not situated in a contracting state. To File the Applicant has to submit the following:

• a completed ARIPO Form 3 (Request form)
• a description of the invention
• one or more claims
• one or more drawings(if any)
• an abstract
• prescribed application fees or a written undertaking to lodge the fees
• designation of at least one state

Applications can be filed directly at ARIPO by:

• e-filing
• email
• in person
• registered mail
• courier

An application can also be filed through a contracting state.

ARIPO Online Service

The ARIPO Office has introduced online services to allow applicants, attorneys, agents and other user to conduct their ARIPO business electronically in a secure state of the art environment. This facility allows for online filing of industrial property applications, online payment of fees, sending and receiving notification and general tracking of led applications. The online services can be accessed at eservice.aripo.org or from the ARIPO website www.aripo.org or by contacting ARIPO at mail@aripo.org.

The online application comes with 20% reduction of the application fee.

Checking for Completeness

Upon receipt of the application, the ARIPO Office undertakes an immediate examination of the application. This is undertaken for purposes of according the application a filing date.

Formality Examination

The ARIPO Office will undertake a formal examination of the documents making up the application to ascertain whether these comply with the prescribed requirements as to form, nature and content.

Applicants are required to adhere to prescribed time limits.

Request for Examination

An applicant is required to request examination of the patent application within 3 years from the date of filing. The request shall be deemed to have been filed when the search and examination fees have been lodged. Where no request is made within the prescribed period, the application shall be deemed to have lapsed.

Expedited/ Accelerated/ Delayed Examination

Subject to meeting certain provisions, the applicant may request for an expedited/ accelerated/ delayed examination of an application.

Substantive Examination

Where the ARIPO Office finds that the application complies with formal requirements, It will notify the applicant and each of the designated states of this fact and invite them to conduct a substantive examination in accordance with requirements of the national laws. Should the application meet the requirements, the applicant is notified of the decision to register the design.

In the case where the applicant fails to meet the requirements, the applicant is amending the application within a specified period. The application may be refused if the applicant fails to comply with the requirements Where the application has been accepted, nevertheless, all the designated states are notified of the impending intention to register and if any state objects to the grant it must notify the ARIPO Office within six months that any grant ensuing from the application will have no effect in its territory.

Refusal or Amendment of Application

The ARIPO Office may refuse to accept an application for lack of compliance with either of the prescribed formal or substantive requirements. In each case, however, the applicant is afforded an opportunity to rectify the deficiencies within prescribed time limits. The applicant may, within two months of that decision and on good grounds given, request that the Office reconsider its decision.

Appeal or Conversion

Where the Office still refuses the application after reconsideration, the applicant may either lodge an appeal with the Board of Appeal or request that the Office convert the application into a national application proceeding under the laws of the of one states among the designated states.

Registration, Publication and Effect

At the expiration of 6 months following the communication to designated states of the Offices intention to grant/ register a patent/ utility model, the Office will proceed to issue the right in respect to those designated states which no written objection was received. The new right so granted/registered will be entered on the Offices register and a certificate issued. In addition to the register, it is published in the ARIPO journal with details as necessary for adequate identification. The grant/register will have force and effect only with respect to the territories of the designated states for which the right was made. The cumulative duration of protection of an ARIPO patent is 20 years from the date of filing, whilst that of a utility model is 10 years, subject to payment of annual maintenance fees.

Re-establishment of Rights

An applicant who, in spite of all due care required by the circumstances having been taken, was unable to observe a time limit, shall have his rights re-established upon request if the non-observance of this time limit has the direct consequence of causing the refusal of the ARIPO application, or the deeming of the application to have been withdrawn, or the loss of any other right or means of redress. The request to re-establish the rights shall be granted on condition that the requirements laid down have been met and the legal consequences of the failure to observe the time limit shall be deemed not to have ensued.

Request for limitation (Post Grant Amendment)

An ARIPO patent or utility model may be limited by an amendment on submission of a request. The request shall be filed with the ARIPO Office in accordance with the Implementing Regulations and shall not be deemed to have been filed until the limitation fee has been paid. Any amendment to the claims must fall wholly within the scope of the claims.

Main Fees

Patents

TYPE OF FEE	AMOUNT (USD)
Application fee	$290(paper filing)
Designation fee/state	$232(online filing)
Renewal fee/state/year	$85
Grant & publication fee for registration fee	$50(increments by 20 per year for up to 15th anniversary and then subsequently $50 per year)
Search fee	$700
Examination fee	$300
	$300

   Utility Model

TYPE OF FEE	AMOUNT(USD)
Application fee	$100(paper filing) $80(online filing)
Designated fee/state	$20
Renewal fee/state/year	$20(increments by $5 from 1st to 7th year &by $10 every year thereafter)
Grant and publication fee for registration fee	$50
Search fee	$300
Examination fee	$300

Payment of fees in local currency

Nationals of a contracting state can pay the prescribed fees in local currency equivalent to the prescribed fee through their industrial property office.

The African Regional Intellectual Property Organization has a membership of 20 African states, 18 of which are signatory to the Harare Protocol.

These Harare Protocol contracting states are as follows:

Botswana	Kingdom of Eswatini	The Gambia
Ghana	Kenya	Kingdom of Lesotho
Liberia	Malawi	Mozambique
Namibia	Rwanda	Sao Tome and Principe
Sierra Leone	Sudan	Tanzania
Uganda	Zambia	Zimbabwe

Administration of Industrial Designs

Industrial designs registrations are administered under the Harare Protocol on Patents and Industrial Designs.

Applicant

Applicant is the name in which the application is being filed. It could be the creator, or some other person who has acquired the right to apply for registration, or both the creator and such other person.

Who Can File?

An ARIPO application may be filed by any qualified natural or legal person, either in person or through an authorized representative.

Representative

Representative means attorney, or agent or legal practitioner duly recognized by the national industrial property office of the contracting state as having the right to represent the applicant in proceedings before it. Where the applicant is ordinarily resident or has his/her principal place of business within a contracting state then there would be no reason for representation. However, if the applicant does not meet the criterion, he/she must at all times be represented.

The appointment of a representative is confirmed by the issuance of a power of attorney by the applicant in favor of the representative.

Documentation

To be considered complete and in order, an ARIPO design application must contain the following set of documentation:

• fully completed request for registration of the design form (Form 28)
• a reproduction of the industrial designs to be registered
• a designation of the contracting states in respect of which protection of the industrial design is sought
• fees payment or an undertaking to pay fees within 21 days

Filing Routes

Applicants can be filed directly at ARIPO by :

• e-filing
• email
• in person
• registered mail
• courier

Applications can also be filed through a contracting state

Verification and Transmittal of Application

Where the applicant id filed with the national industrial property office of a contracting state, it is incumbent upon that office-

• Inspect the application and verify that the primacifacie, or on the face of it, contains the request for a registration form, and a reproduction of the design.

ARIPO Online Service

The ARIPO Office has introduced online services to allow applicants, attorneys, agents and other user to conduct their ARIPO business electronically in a secure state of the art environment. This facility allows for online filing of industrial property applications, online payment of fees, sending and receiving notification and general tracking of led applications. The online services can be accessed at eservice.aripo.org or from the ARIPO website www.aripo.org or by contacting ARIPO at mail@aripo.org.

The online application comes with 20% reduction of the application fee.

Subsequent Documents

Examination on Filing of Filing at the ARIPO Office

Upon receipt of the application, the ARIPO Office undertakes an immediate examination of the application. This is undertaken for purposes of according the application a filing date.

Filing Date

Where the ARIPO Office is satisfied that the application is in order, it will proceed to accord the application a filing date. The Office will immediately notify the applicant and each Designated State of the filing.

Examination to Formality Requirements

The ARIPO Office will undertake a formal examination of the documents making up the application to ascertain whether these comply with the prescribed requirements as to form, nature and content. Formality examination entails checking-

• that the working language is English.
• that the Request Form is diligently completed and signed.
• a validity issued power of attorney accompanies the application;
• that valid priority declaration is attached where necessary;
• that designation for of the creator of the design is made known if he/she is not the same as the applicant;
• that designation of states with respect to which protection of the industrial design is sought is contained;
• that proof of fees payment or a written undertaking to pay the prescribed fees is attached

Correction and Withdrawal of Application

Rectification/Amendment of Application

Where the ARIPO Office finds that the application does not comply with any of the prescribed formalities, it will invite the applicant to rectify the deficiencies within the prescribed time limits.

Appeal and Conversion

Where the Office still refuses the application after reconsideration, the applicant may either lodge an appeal with the Board of Appeal or request that the Office convert the application into a national application proceeding under the laws of the of one states among the designated states.

Withdrawal

The application may withdraw the application during its pendency by submission of a written declaration on an appropriate form and signed by the applicant. The ARIPO Office will upon the receipt of the declaration of the withdrawal of application transmit a copy thereof of the industrial property offices of each of the designated states. Where the application is withdrawn and the application is withdrawn and the application fees had already been paid, there would not be any refund of said fees.

Substantive Examination

Where the ARIPO Office finds that the application complies with formal requirements, It will notify the applicant and each of the designated states of this fact and invite them to conduct a substantive examination in accordance with requirements of the national laws. Should the application meet the requirements, the applicant is notified of the decision to register the design.

In the case where the applicant fails to meet the requirements, the applicant is amending the application within a specified period. The application may be refused if the applicant fails to comply with the requirements Where the application has been accepted, nevertheless, all the designated states are notified of the impending intention to register and if any state objects to the grant it must notify the ARIPO Office within six months that any grant ensuing from the application will have no effect in its territory.

Registration and its Effect

At the expiration of six months, the office will proceed to register the industrial designated states from which no written objection to register the industrial design with respect to those designated states from which no written objection to register the industrial design was received. The registration of the industrial design entails-

• Recordal of the reproduction of the industrial design in the ARIPO Industrial Design Register and the contraction states with respect to which it has been registered
• Publication of the industrial design in the ARIPO journal
• ssuance of the Certificate of Registration in which copies are sent to applicant and each of the designated states with respect to which registration has been effected.

Re- Establishments of rights

An applicant who, in spite of all due care required by the circumstances having been taken, was unable to observe a time limit, shall have his rights re-established upon request if the non-observance of this time limit has the direct consequence of causing the refusal of the ARIPO application, or the deeming of the application to have been withdrawn, or the loss of any other right or means of redress. The request to re-establish the rights shall be granted on condition that the requirements laid down have been met and the legal consequences of the failure to observe the time limit shall be deemed not to have ensued.

Main Fees

Payment of fees in local currency

Nationals of a contracting state can pay the prescribed fees in local currency equivalent to the prescribed fees in local currency equivalent to the prescribed fee through their industrial property.

Contracting States

Out of the 20 Member states of ARIPO, 18 states can be designated and these are:

ARIPO Trademark System

The ARIPO trademark system is governed under the Banjul Protocol on marks. This Protocol is currently operational in 12 of the 20 Member States. The states signatories to the Banjul Protocol are herein referred to as Banjul Protocol is herein referred to as Banjul Protocol contracting states.

APPLICANT

An applicant is a natural person or a legal corporate with bona fide rights to apply for registration of a mark.

Who Can File?

An ARIPO application may be filed by any qualified natural or legal person, either in person, either in person or through an authorized representative.

Representation

The Authorized representative is a trademark agent or legal practitioner who is duly recognized by the national industrial property office of the contracting state as having the right to represent the applicant. Where the applicant neither is an ordinary resident nor has a principal place of business in any of the Banjul Protocol contracting states, such applicant must be represented on filing an application.

Filing Routes

Applicants can be filed directly at ARIPO by :

• e-filing
• email
• in person
• registered mail
• courier

Applications can also be filed through a contracting state.

Transmittal of Application to the ARIPO Office

If the application is filed with an industrial property office of a contracting state, that office is required to transmit the application to the ARIPO office within one month of receipt of the application.

ARIPO Online Service

ARIPO has introduced online services to allow applicants, attorneys, agents and other users to conduct their ARIPO business electronically in a secure state of the art environment This facility allows for online filing of IP files, online payment of fees, sending and receiving notifications and general tracking of filed applications.

The online service can be accessed at eservice.aripo.org or from the ARIPO website www.aripo.org or by contacting ARIPO at mail@aripo.org.

The online filing option comes with a 20% reduction of the application fee.

Any documents submitted by the applicant after the transmittal of the application to the ARIPO Office must be made directly with the ARIPO office.

Contents of an ARIPO Mark Application

Application for registration of a trademark should be made on a prescribed form. The application form must contain the following:

• the applicants name and address
• designation of the Banjul Protocol contracting state(s)
• corresponding class/ classes of the goods and / services in accordance with the Nice Classification
• name(s) of colors(s) claimed if any) as a distinctive feature of the mark a reproduction of the mark in the form of a two
• dimensional, graphic or photographic reproduction, a declaration of a actual use or intention to use the mark

Allocation of a Filing Date

Requirements for Allocation of a Filing Date

On receipt of the application, either from the applicant (or an agent thereof or from a receiving office, the ARIPO Office undertakes an examination of the application. The examination is to determine a filing date of the application. A filing date is accorded on an application if it meets the following conditions:

• containing of an express or implied indication that registration is sought
• disclosure of the identity of the applicant
• indications sufficient to contact the applicant or his representatives
• a clear reproduction of the mark for which registration is sought
• a list of goods or/ and services for which registration is sought

Formality & and Substantive Examinations

The ARIPO Office will examine the application as to formality and this entails checking that application form is duly completed as per the prescribed requirements, that if the application is led by a representative a power of attorney is lodged and that the requisite application fees has been paid or a statement of commitment to settle them within 21 working days there-from (payable in US dollar) is attached. If priority is being claimed, the applicant will need to lodge a priority document. Priority subsists within six months.

Appeals and Conversions

The ARIPO Office can refuse an application due to noncompliance with formal requirements. The applicant can request the office to reconsider the refusal. If the Office still refuses, the applicant can appeal against the decision to the Office of the AROIO Board of Appeal or may within three months from the date of refusal request that the application be treated in any designated state as an application according to national law of that state (conversion). The decision of the board of appeal is appeal is final.

Substantive Examination

Substantive examination is conducted by a designated state in accordance with its national laws. Each of the designated states is given nine months within which to notify the ARIPO Office in writing (after the notification by ARIPO Office that the mark shall have no effect in that state registered. The designated state should give reasons for its refusal according to the national laws and this is communicated to the Office.

The office then communicates the refusal to the applicant who is given an opportunity to respond either through the Office or the designated state concerned. The refusal is subject to appeal or review under the national laws of the designated state. The mark application may proceed to registration with respect to other designated states which did not object.

Registration, Public and Opposition

Mark applications which have been accepted by designated states on substantive examination are published in the ARIPO Journal and, three months from the publication, of the Office will register the mark upon payment of a registration fee by the applicant. The Office will then issue a certificate of registration to the applicant.

During the publication of the mark in the journal any person may give notice of opposition is dealt with in accordance with the national laws.

Effect of Registration

The registration of a registered mark is ten years from the date of filing. The registration may be renewed for a further ten years on payment of the prescribed renewal fee. Rights conferred by the registered mark are the same in every designated state.

Contracting States

Of the 20 member states of ARIPO, twelve are Banjul Protocol contracting states. Only these can be designated in mark applications and they are:

Main Fees

Regulations under the Banjul Protocol contain a schedule of all fees applicable to services rendered by the ARIPO Office. Some of the fees are as follows:

Payment of fees in local currency

Nationals of a contracting state can pay the prescribed fees in local currency equivalent to the prescribing fee through their industrial property office.

Introduction of Individual Country Fees

Each contracting state may choose to use either the current ARIPO fees to be or the individual country fees to be charged on applications designating that country.