Patents Laws in Lesotho
Here’s a comprehensive overview of patent laws in Lesotho:
🇱🇸 Patent Laws in Lesotho
Patent protection in Lesotho is governed primarily by the Industrial Property Order No. 5 of 1989, along with related regulations and amendments. The law is administered by the Office of the Registrar General under the Ministry of Law and Constitutional Affairs.
Lesotho is a member of several regional and international IP treaties, including ARIPO (African Regional Intellectual Property Organization), which provides an additional pathway for patent protection.
1. Patentability Criteria
To be patentable in Lesotho, an invention must be:
Novel: Not disclosed anywhere in the world before the filing date.
Inventive: Must involve an inventive step (non-obvious to someone skilled in the field).
Industrially applicable: Must be capable of industrial use.
Not patentable:
Discoveries, scientific theories, or mathematical methods
Schemes or methods for mental acts, business, or playing games
Diagnostic, therapeutic, or surgical methods for humans or animals
Inventions that are contrary to public order or morality
2. Types of Patents
National Patents: Filed directly with Lesotho’s Registrar General.
ARIPO Patents (via Harare Protocol): Regional patents that designate Lesotho as a member state.
3. Patent Duration
The term of a patent is 20 years from the filing date, subject to the payment of annual maintenance fees.
4. Application Process
a. National Route:
Filed with the Registrar General’s Office
Must include:
Request form
Description of the invention
One or more claims
Drawings (if applicable)
Abstract
After examination, if compliant, the patent is granted and published.
b. ARIPO Route:
Application is filed with ARIPO, designating Lesotho under the Harare Protocol.
On approval by ARIPO, the patent is effective in Lesotho if not refused within a specified time by the national office.
5. Foreign Applicants
Foreigners can apply directly or through ARIPO.
It is advisable to use a local patent agent or attorney.
Lesotho is a member of the Paris Convention, allowing priority claims within 12 months.
6. Patent Rights and Enforcement
Patent holders have exclusive rights to:
Make, use, sell, and import the invention
Prevent others from using the patented invention without authorization
License or assign their patent
Infringement can result in civil action, including damages and injunctions.
7. Compulsory Licensing
The government can issue a compulsory license if:
The invention is not being sufficiently worked in Lesotho
There is an urgent public need
The patent holder engages in anti-competitive practices
8. International and Regional Treaties
Lesotho is a member of:
ARIPO (Harare Protocol)
WIPO (World Intellectual Property Organization)
Paris Convention
TRIPS Agreement (as a WTO member)
✅ Summary Table
| Feature | Details |
|---|---|
| Governing Law | Industrial Property Order No. 5 of 1989 |
| Patent Term | 20 years from filing |
| Patentability | Novelty, inventive step, industrial application |
| Application Routes | National & ARIPO (Harare Protocol) |
| Foreign Applicants | Allowed, priority claims via Paris Convention |
| Examination | Formal and substantive |
| Enforcement | Civil litigation, damages, injunctions |
| Compulsory Licensing | Allowed under specific conditions |
| Memberships | ARIPO, WIPO, Paris Convention, TRIPS |
RELATED Blog
0 comments