Patents Laws in Gabon
Gabon’s patent laws are primarily governed by Law No. 867-12 of 1993, which regulates industrial property rights, including patents. This law is complemented by Law No. 14/2002, which established the Gabon Industrial Property Center (CEPIG). CEPIG is responsible for managing industrial property matters and liaising with international organizations such as the African Intellectual Property Organization (OAPI)
📜 Key Features of Gabon’s Patent System
1. Patent Eligibility and Protection
Criteria: Inventions must be novel, involve an inventive step, and be industrially applicable.
Protection Scope: Patents cover both products and processes.
2. Application Process
Filing: Applications must be submitted through CEPIG, which forwards them to OAPI.
Languages: Documents should be submitted in French, as it is the official language of the patent office.
Priority: Gabon is a member of the Paris Convention, allowing applicants to claim priority from earlier filings in other member countries
3. Examination and Grant
Examination: The examination process is based on the first-to-file principle.
Granting Authority: Patents are granted by OAPI, which serves as the regional intellectual property office for member states.
4. Duration and Maintenance
Validity: Patents are valid for 20 years from the filing date.
Maintenance: Annual maintenance fees are required to keep the patent in force.
5. Employee Inventions
Ownership: Inventions made by employees in the course of their employment typically belong to the employer.
Notification: Employees must inform their employers of any inventions related to their work.
6. Dispute Resolution
Arbitration: Disputes related to industrial property can be resolved through arbitration, as provided by the Bangui Agreement, which Gabon is a part of
🌍 International Treaties and Agreements
Paris Convention: Gabon is a member, facilitating international protection through priority claims.
Patent Cooperation Treaty (PCT): Gabon is a signatory, allowing for international patent applications that can be extended to Gabon during the national phase.
Bangui Agreement: As a member of OAPI, Gabon adheres to the Bangui Agreement, which harmonizes industrial property laws among member states .
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