Latest Developments in the Legislation of Patent Applications for Invention and Utility Models in OAPI

The African Intellectual Property Organization (OAPI) will officially begin implementing the revised Bangui Agreement on January 1, 2025.

The African Intellectual Property Organization is a regional intellectual property system that applies to most of French-speaking Africa. There are 17 member states, including Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros (except Mayotte), Congo, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Ivory Coast, Mali, Mauritania, Niger, Senegal and Togo. Patent or utility model applications in OAPI automatically cover all member states and cannot specify relevant countries.

The main points of this legal amendment are: invention and utility model applications will be subject to substantive examination. Substantive examination is carried out automatically without the need for applicants to make a request. OAPI patent examiners have been receiving training in Cameroon and Ivory Coast. For PCT national phase applications, examiners will rely on PCT International Search Reports and International Preliminary Examination Reports (IPPR) when conducting substantive examinations.

At any time before the invention or utility model is granted, the applicant may proactively file a divisional application, whereas previously, the proactive divisional application could only be filed before the expiration of the 30-month period. In addition, in addition to filing a divisional application at any time before the grant, a divisional application can also be filed in response to an examination opinion.

Oppositions to patents and utility models are now provided for and applications will be published for opposition purposes. Any interested party may file an opposition to the grant of a patent or utility model application within three months of the publication of the application.

According to the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights, the period during which pharmaceutical products in the least developed countries (LDCs) are not protected by patents can be extended to January 1, 2033. OAPI member countries that meet the conditions of the least developed countries no longer need to apply the provisions on patents for pharmaceutical products in Annex I.

The amendments to the Bangui Agreement will only apply to patent and utility model applications filed on or after January 1, 2025 .