OAPI (African Intellectual Property Organization) - Introduction to OAPI Patent Applications

OAPI African Regional Intellectual Property Organization

(Organization Africaine de la Propriété Intellectuelle)

On September 13, 1962, in Libreville, Gabon, 12 African Heads of State and Government signed the Agreement establishing the African and Madagascar Industrial Property Office (OAMPI). The Agreement was revised on March 2, 1977 in Bangui, Central African Republic, giving birth to the African Intellectual Property Organization (OAPI). On February 24, 1999, the Bangui Agreement was subsequently revised with the aim of making its provisions compatible with the requirements of international intellectual property treaties signed by member states, in particular the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) of the World Trade Organization (WTO); and simplifying the procedures for the issuance of patent certificates. The OAPI system is unique in its design and reflects the strategic choices of the heads of state who signed the Agreement establishing it.

According to the agreement, OAPI will centrally handle the intellectual property application procedures of all member states, including patents, trademarks, etc. Once authorized, these rights will be valid in all member states; Fees paid to the administrative body of a member state or organization are valid in each member state; There is no national protection system coexisting with the regional system; The punishment for intellectual property infringement is the responsibility of the courts of each member state; The final judicial decision on validity issued in one member state is also binding in all other countries. The 17 member states are: Benin, Burkina Faso, Cameroon, Central African Republic, Comoros, Congo, Côte d'Ivoire, Gabon, Guinea, Guinea-Bissau, Equatorial Guinea, Mali, Mauritania, Niger, Senegal, Chad and Togo. It can be understood that OAPI is a regional organization for French-speaking African countries, which is different from ARIPO, a regional organization for English-speaking African countries. (ARIPO related link: https://yezhimaip.com/article/2024-07/17198223855383.html )

OAPI cannot designate a single member state. Once a patent is granted, it will take effect in all member states, which is different from ARIPO. All OAPI member states have ratified the Patent Cooperation Treaty, which means that the OAPI regional phase of the PCT international application will automatically include all member states. Today we will introduce the patent system of OAPI.

Introduction to OAPI Patent System

1. Types of patent protection:

• Inventions, utility models, designs

2. Ways for Chinese applicants to apply for patents at OAPI:

• Direct application, Paris Convention route and PCT route

3. Review Unit:

• OAPI - African Intellectual Property Organization

IV. Submit your application:

• Deadline requirements:
  • Paris Convention route:
    • Invention, utility model: 12 months from the earliest priority date/application date
    • Design: 6 months from the earliest priority date/application date
  • PCT route: 30 months from the earliest priority date/application date
• Language requirements:
  • French or English. Submission of translation is not delayed.
• Currency:
  • Swiss franc or CFA franc

V. Review:

• OAPI's requirement for invention and utility model patents is absolute novelty, and only formal examination is conducted.
• OAPI defines a design as consisting of the ornamental or aesthetic aspects of an object, consisting of three-dimensional elements (such as the shape or texture of an object) or two-dimensional elements (such as patterns of lines or colors), applicable to the most diverse industrial and craft products, such as watches, jewelry, furniture, electrical appliances, vehicles, etc. If the creator of a design or model submits his work to OAPI, he will be able to obtain specific protection for the design, in addition, he can also obtain protection based on copyright; if no design application is submitted, only copyright protection can be obtained.

6. Authorization and annual fees:

• Authorization: No fees and no need to designate effective countries. It can take effect in all member states.
• Annual fee: payable annually starting from the first year from the date of application. Overdue payment can be made within 6 months within the overdue payment period and pay late payment fees.

Characteristics of OAPI patents

• Regional integration, simple procedures, convenient and fast. OAPI consists of 17 member states, and only one application needs to be submitted in one language, through one professional agent, to one competent authority.
• Automatically effective in a wide range of coverage. Once a patent is granted, it will automatically take effect in all member states, without the need to take effect separately in each member state, which greatly facilitates patent holders.
• Extra-long period for requesting restoration of rights: If the applicant has taken all due care according to the circumstances but still cannot meet the time limit for entering the national phase stipulated in PCT Articles 22 or 39, he or she may file a request for restoration of rights within 24 months after the expiration of the time limit. The same rule applies to annual fees.
• Patent type is convertible: Applicants can convert the patent type from invention to utility model after the patent application passes the preliminary examination or before receiving a rejection decision, giving applicants more room for consideration.
• Broad definition of infringement: OAPI defines a wider scope for infringement of invention and utility model patents. For example, possessing infringing products is also considered an infringement, which is conducive to the patent owner's rights protection and patent protection.