Patents Laws in East Timor
Timor-Leste (East Timor) has established a legal framework for the protection of industrial property, including patents, through Decree-Law No. 64/2011, which regulates the conditions and procedures for the protection of industrial property rights.
๐ Patentability Criteria
In Timor-Leste, an invention is patentable if it meets the following criteria:
Novelty: The invention must be new and not part of the prior art.
Inventive Step: The invention must involve an inventive step, meaning it is not obvious to someone skilled in the field.
Industrial Applicability: The invention must be capable of being used in some kind of industry.
Certain inventions are excluded from patentability, including:
Discoveries, scientific theories, and mathematical methods.
Schemes, rules, or methods for doing business, performing purely mental acts, or playing games.
Methods for treatment of the human or animal body by surgery or therapy.
Diagnostic methods practiced on the human or animal body.
๐๏ธ Application Process
The process for obtaining a patent in Timor-Leste involves several steps:
Filing: Submit a patent application to the National Directorate of Intellectual Property (NDIP), including:
Applicant's name and address.
Description of the invention.
Claims defining the invention.
Abstract summarizing the invention.
Drawings, if applicable.
Formal Examination: The NDIP examines the application for compliance with formal requirements.
Substantive Examination: A detailed examination to assess the patentability of the invention.
Grant and Publication: If the application meets all requirements, a patent is granted and published.
โณ Duration and Maintenance
Term: A patent in Timor-Leste is valid for 20 years from the filing date.
Maintenance Fees: Annual fees are payable to maintain the validity of the patent.
โ๏ธ Rights Conferred
Upon grant, a patent confers the exclusive right to:
Make, use, sell, or distribute the patented invention.
Prevent others from exploiting the invention without consent.
These rights are enforceable within Timor-Leste.
๐ International Considerations
Patent Cooperation Treaty (PCT): Timor-Leste is a member of the PCT, allowing applicants to file international patent applications.
Paris Convention: Timor-Leste is a member of the Paris Convention, enabling applicants to claim priority based on earlier filings in other member countries.
๐งพ Enforcement and Dispute Resolution
Patent holders can enforce their rights through civil proceedings in Timorese courts. Disputes may involve issues like patent infringement, validity, and entitlement. However, patent litigation is not common in Timorese courts, which may affect the enforceability of patent laws.
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