Patents Laws in Angola
Here’s a detailed overview of Patent Laws in Angola:
1. Legal Framework
Angola’s patent law is governed primarily by the Angolan Industrial Property Code (Law No. 3/04 of 2004), which regulates patents, trademarks, industrial designs, and other intellectual property rights.
The Industrial Property Code was enacted to align Angola’s IP system with international standards, but the patent system is still developing.
2. Patentability Criteria
Under the Industrial Property Code, an invention may be patented if it meets the following conditions:
Novelty: The invention must be new and not part of the existing state of the art anywhere in the world.
Inventive Step (Non-Obviousness): It must involve an inventive step that is not obvious to a person skilled in the relevant field.
Industrial Applicability: The invention must be capable of being made or used in some kind of industry.
3. Exclusions from Patentability
Certain inventions are excluded from patent protection, including:
Discoveries, scientific theories, and mathematical methods.
Aesthetic creations, schemes, rules, and methods for performing mental acts, playing games, or doing business.
Methods of diagnosis, treatment, and surgery for humans or animals.
Inventions contrary to public order or morality.
4. Patent Application Process
Patent applications must be filed with the Angolan Institute of Industrial Property (INAPI).
Applications should include a detailed description, claims, drawings (if any), and an abstract.
Angola follows a national patent application system, but is a member of the African Regional Intellectual Property Organization (ARIPO), allowing regional patent filings via ARIPO procedures.
5. Patent Term
Patents in Angola are granted for a term of 20 years from the filing date, subject to payment of annual maintenance fees.
Failure to pay fees can lead to lapse of the patent rights.
6. Rights Conferred
Patent holders have the exclusive right to prevent others from making, using, selling, or importing the patented invention without consent.
The rights can be licensed or assigned.
7. Enforcement and Challenges
Patent infringement cases are handled by Angolan courts.
Enforcement can be challenging due to limited experience and infrastructure.
Administrative and judicial procedures exist for opposition and revocation of patents.
8. International Treaties
Angola is a member of or party to:
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) under the WTO.
Paris Convention for the Protection of Industrial Property.
African Regional Intellectual Property Organization (ARIPO) — facilitates patent protection across member states.
9. Practical Tips
Engage local IP attorneys for filing and enforcement strategies.
Consider ARIPO filings to extend protection regionally.
Monitor maintenance fee deadlines carefully.
Conduct thorough patent searches to avoid conflicts.
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