Patents Laws in Mauritania

Here’s a summary of the patent laws in Mauritania:

1. Governing Law

Mauritania’s patent system is governed by the African Intellectual Property Organization (OAPI) regulations.

Mauritania is a member of OAPI, which provides a centralized patent system for its member states through the Bangui Agreement.

The African Intellectual Property Organization (OAPI) handles patent applications and grants on behalf of Mauritania and other member countries.

2. Patent System under OAPI

Patent applications are filed directly with OAPI, headquartered in Yaoundé, Cameroon.

A patent granted by OAPI is effective in all member states, including Mauritania.

This means patent protection in Mauritania is obtained through OAPI, not through a separate national patent office.

3. Patentability Criteria

The patent must be for an invention that is:

Novel

Involving an inventive step

Industrially applicable

Exclusions include:

Discoveries, scientific theories, mathematical methods

Schemes or methods for doing business

Inventions contrary to public order or morality

4. Duration and Maintenance

Patents are granted for 20 years from the filing date.

Annual renewal fees must be paid to maintain patent validity.

5. Filing Procedure

Applications must be submitted to OAPI.

The filing language is French.

OAPI carries out formalities examination and substantive examination before granting patents.

6. International Treaties

Mauritania is part of OAPI, which is a member of:

The Paris Convention

The Patent Cooperation Treaty (PCT) (OAPI is a PCT member; international applications can enter national phase in Mauritania through OAPI)

Other regional agreements for IP cooperation in Africa

7. Enforcement

Patent enforcement in Mauritania is governed by OAPI regulations and local laws.

Infringement actions are handled through national courts with support from OAPI framework.

 

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