Patents Laws in Madagascar
Here’s a detailed overview of Patent Laws in Madagascar:
📚 Governing Law
Patent protection in Madagascar is mainly governed by the Organization Africaine de la Propriété Intellectuelle (OAPI) Agreement.
Madagascar is a member of OAPI (African Intellectual Property Organization), which administers intellectual property rights including patents for its member states through a centralized system.
🏛️ Regulatory Authority
African Intellectual Property Organization (OAPI)
Headquarters: Yaoundé, Cameroon
Website: www.oapi.int
OAPI handles patent filings, examinations, and grants for Madagascar and other member countries.
🔍 Patentable Inventions
Inventions must be new, involve an inventive step, and be industrially applicable.
Patentable subject matter includes:
Products
Processes
Improvements thereof
🚫 Exclusions from Patentability
Discoveries, scientific theories, mathematical methods.
Aesthetic creations.
Schemes, rules, or methods for doing business.
Methods for surgical or therapeutic treatment of humans or animals.
Inventions contrary to public order or morality.
🕒 Patent Term
Patents are valid for 20 years from the filing date within the OAPI system.
Annual renewal fees must be paid to keep the patent in force.
📝 Application Procedure
File a patent application directly with OAPI or via the national office in Madagascar.
The application must include:
Description of the invention
Claims
Abstract
Drawings (if applicable)
OAPI conducts a formal examination but does not conduct substantive examination for novelty or inventive step.
Patent is granted after publication unless there is opposition.
Renewal fees apply yearly starting from the 3rd year after filing.
🌍 International Treaties
Madagascar, via OAPI, is a member of:
Paris Convention
Patent Cooperation Treaty (PCT) (OAPI acts as a receiving office)
Bangui Agreement (establishing OAPI)
Arusha Protocol on the Protection of New Varieties of Plants
💵 Fees
Filing fees (set by OAPI)
Publication fees
Annual maintenance fees increasing each year
✅ Key Points
OAPI patent system offers one centralized patent valid in all 17 member states including Madagascar.
No substantive examination means that patents can be granted quickly but may be vulnerable to invalidation.
Useful for businesses wanting protection across multiple African countries through a single patent application.
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