Patents Laws in Guinea-Bissau
In Guinea-Bissau, patent protection is governed by both national laws and regional agreements, notably the Bangui Agreement under the African Intellectual Property Organization (OAPI). Here's an overview of the patent system in Guinea-Bissau:
🇬🇼 Patent Protection in Guinea-Bissau
1. Regional Patent System via OAPI
Guinea-Bissau does not have a national patent office. Instead, patent applications are filed through OAPI, which administers patents for all its member states, including Guinea-Bissau. This means a single application filed with OAPI provides protection across all member countries. OAPI is a member of the Patent Cooperation Treaty (PCT) and the Paris Convention, allowing applicants to claim international priority and file in multiple jurisdictions .
2. Types of Patents
OAPI recognizes two main types of patents:
Patent of Invention: For new inventions that are novel, involve an inventive step, and are industrially applicable.
National Phase PCT Application: For applicants entering the national phase of a PCT application in OAPI member states
Note that methods of medical diagnosis, treatment, or surgery are not patentable under OAPI regulations .
3. Patent Duration and Maintenance
Patents granted by OAPI are valid for 20 years from the filing date. Annual renewal fees are required starting from the first anniversary of the filing date to maintain the patent's validity .
4. Patent Application Process
The application process involves:
Filing a single application with OAPI.
Undergoing formal and substantive examination by OAPI.
Receiving a decision on patentability.
The examination assesses whether the invention meets the criteria of novelty, inventive step, and industrial applicability
5. Enforcement of Patent Rights
While OAPI handles the granting of patents, enforcement of patent rights is the responsibility of the national courts in Guinea-Bissau. Patent holders can seek legal remedies through the judicial system for any infringements .
⚖️ Legal Framework
The primary legal framework governing industrial property, including patents, in Guinea-Bissau is:
Decree-Law No. 6/96 of March 3, 1996: This law covers patents, utility models, industrial designs, trademarks, and trade names
Additionally, Guinea-Bissau is a signatory to various international treaties, including the Paris Convention and the PCT, which influence its patent laws and procedures .
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