Patents Laws in Ethiopia

Ethiopia's patent system is governed by Proclamation No. 123/1995, titled Inventions, Minor Inventions and Industrial Designs Proclamation, along with its implementing regulation, Regulation No. 12/1997. These laws are administered by the Ethiopian Intellectual Property Authority (EIPA), which was established in 2003 to oversee intellectual property rights, including patents, trademarks, and copyrights .

🧾 Key Features of Ethiopia’s Patent Law

1. Patentability Criteria

An invention is patentable in Ethiopia if it meets the following criteria:

Novelty: The invention must be new and not anticipated by prior art. Prior art includes everything disclosed to the public anywhere in the world before the filing date 

Inventive Step: The invention must involve an inventive step, meaning it is not obvious to a person skilled in the art .

Industrial Applicability: The invention must be capable of being used in any kind of industry, including agriculture, handicrafts, and services .

Patent of Invention: Granted for new inventions that meet the patentability criteria.

Patent of Introduction: Granted for inventions that are patented in another country. The applicant must provide details of the foreign patent, including the application number, date, and origin .

Utility Model: Also known as minor inventions, these are granted for innovations that possess novelty and industrial applicability but may not meet the inventive step requirement of a full patent .

3. Application Process

To apply for a patent in Ethiopia, the following steps are generally involved:

Preparation of Application: The application must include:

A signed and legalized power of attorney.

A request for the grant of a patent.

A detailed description of the invention.

One or more claims defining the scope of protection.

An abstract summarizing the invention.

Drawings, if necessary, to understand the invention .

Filing: Submit the application to the EIPA.

Examination: The EIPA conducts a formal and substantive examination to assess the patentability of the invention.

Grant: If the application meets all requirements, the EIPA grants the patent.

Publication: The granted patent is published in the official gazette.

4. Duration and Maintenance

Patent of Invention: The initial term is 15 years from the filing date. An additional 5 years may be granted if the invention is being worked in Ethiopia .

Patent of Introduction: Valid for up to 10 years, with annual maintenance fees starting from the third year .

Utility Model: The duration and maintenance fees are similar to those of a patent of introduction 

5. Non-Patentable Inventions

The following are not patentable in Ethiopia:

Inventions contrary to public order or morality.

Plant or animal varieties and essentially biological processes for the production of plants or animals

Schemes, rules, or methods for performing mental acts, playing games, or doing business.

Computer programs.

Methods for treatment of the human or animal body by surgery or therapy, and diagnostic methods practiced on the human or animal body .

6. Fees and Costs

The estimated costs for registering a patent in Ethiopia are as follows:(

Application Fees: Approximately USD 17.50 for individuals and USD 70 for firms.

Search and Examination Fees: Approximately USD 50 for individuals and USD 200 for firms.

Grant and Publication Fees: Approximately USD 56.25 for individuals and USD 225 for firms

Annual Maintenance Fees: Approximately USD 12.50 for individuals and USD 50 for firms .

7. International Treaties

Ethiopia is not currently a member of major international intellectual property treaties, such as the Paris Convention, Patent Cooperation Treaty (PCT), or the Madrid Protocol. However, the government has expressed intentions to accede to these treaties in the future .

Language: All patent documents must be submitted in English or Amharic, the official language of Ethiopia.

Representation: Foreign applicants are required to appoint a local representative or agent to handle patent matters on their behalf.

Working Requirement: For a patent to be maintained beyond the initial term, the invention must be worked in Ethiopia. This means that the invention must be manufactured or used within the country .

 

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