Patents Laws in Equatorial Guinea
Here’s a summary of patent laws in Equatorial Guinea:
Patent Laws in Equatorial Guinea
1. Legal Framework
Equatorial Guinea is a member of the Organisation Africaine de la Propriété Intellectuelle (OAPI) — the African Intellectual Property Organization.
Patent protection in Equatorial Guinea is governed by the Bangui Agreement, which is the common IP law for OAPI member states.
The OAPI Office, headquartered in Yaoundé, Cameroon, handles patent applications and grants for all member states, including Equatorial Guinea.
2. Patent Protection under OAPI
A single patent application filed with OAPI covers all member states, including Equatorial Guinea.
The patent granted is valid across all OAPI countries.
3. Patentability Criteria
The invention must be new, involve an inventive step, and be industrially applicable.
Subject matter excluded from patentability includes:
Discoveries and scientific theories.
Aesthetic creations.
Schemes, rules, or methods for intellectual activities, games, or business.
Computer programs as such.
Diagnostic, therapeutic, and surgical methods.
Plant and animal varieties.
4. Patent Term
Patents have a term of 20 years from the filing date.
Annual fees are required to maintain patent protection.
5. Application Process
Applications are filed at the OAPI Office.
The office carries out formal and substantive examinations.
Once granted, the patent is enforceable in Equatorial Guinea and all other OAPI member states.
6. Enforcement
Patent holders can enforce their rights through national courts.
OAPI provides a centralized system but enforcement is done at the member state level.
Summary Table
| Aspect | Details |
|---|---|
| Governing Body | OAPI |
| Legal Basis | Bangui Agreement |
| Patent Term | 20 years |
| Filing | Single application for all OAPI countries |
| Enforcement | National courts in member states |
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