Patents Laws in Mozambique

Here’s an overview of Patent Laws in Mozambique:

📚 Governing Law

Mozambique’s patent system is governed by the Industrial Property Law (Law No. 2/2003), enacted in 2003.

The law regulates patents, trademarks, industrial designs, and other intellectual property rights.

🏛️ Regulatory Authority

National Institute of Industrial Property (INPI)Instituto Nacional da Propriedade Industrial
Website: www.inpi.gov.mz

INPI is responsible for patent applications, examinations, and registrations.

🔍 Patentable Inventions

To be patentable in Mozambique, inventions must meet these criteria:

Novelty: The invention must be new and not disclosed before the filing date.

Inventive Step: It must not be obvious to a person skilled in the art.

Industrial Applicability: It must be capable of industrial or commercial use.

Patentable subjects include:

Products

Processes

Improvements of existing inventions

🚫 Non-Patentable Inventions

Patents cannot be granted for:

Discoveries, scientific theories, or mathematical methods

Aesthetic creations (like art or literature)

Schemes, rules, or methods for business or playing games

Methods for medical or surgical treatment of humans or animals

Inventions contrary to public order or morality

🕒 Duration of Patent

Patent protection lasts for 20 years from the filing date.

To maintain patent rights, annual maintenance fees must be paid starting after the grant.

📝 Patent Application Process

Filing: Submit a patent application to INPI, including description, claims, abstract, and drawings.

Formal Examination: INPI checks if the application meets filing requirements.

Publication: Application is published 18 months after the filing date or priority date.

Substantive Examination: Conducted to assess novelty, inventive step, and industrial applicability.

Grant: If the invention meets all criteria, the patent is granted and registered.

Opposition: Third parties can oppose the patent within a prescribed period after grant.

🌍 International Treaties

Mozambique is a member of:

Paris Convention for Industrial Property

Patent Cooperation Treaty (PCT)

ARIPO (African Regional Intellectual Property Organization) — Mozambique is a member, allowing regional patent filings under the Harare Protocol.

💵 Fees

Application fees

Examination fees

Grant fees

Annual maintenance fees

Additional Notes

Mozambique allows both national and regional (ARIPO) patent filings.

The patent law encourages innovation and protects inventors while balancing public interests.

INPI’s website provides forms and guidelines for applicants.

 

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