Patents Laws in São Tomé and Príncipe
Here’s an overview of Patent Laws in São Tomé and Príncipe:
🔹 Legal Framework
São Tomé and Príncipe is a member of the African Intellectual Property Organization (OAPI).
Patent laws are governed by the Bangui Agreement administered by OAPI.
Patents granted by OAPI are valid across all member states, including São Tomé and Príncipe.
🔹 Patent Protection under OAPI
Patents are applied for and granted through the OAPI regional office.
A single patent covers all member states, including São Tomé and Príncipe.
Patent protection lasts for 20 years from the filing date.
🔹 Patentability Criteria
To be patentable under the Bangui Agreement, an invention must be:
New.
Involve an inventive step.
Be industrially applicable.
🔹 Non-Patentable Inventions
Discoveries, scientific theories, and mathematical methods.
Plant and animal varieties and essentially biological processes.
Methods of medical treatment or diagnosis.
Inventions contrary to public order or morality.
🔹 Application Process
Applications are filed with the OAPI regional office.
Must include description, claims, abstract, and drawings as needed.
Examination and publication follow the Bangui Agreement rules.
Opposition procedures apply after publication.
🔹 International Treaties
São Tomé and Príncipe (via OAPI) is a party to:
Paris Convention.
Patent Cooperation Treaty (PCT).
TRIPS Agreement.
🔹 Enforcement
Enforcement is handled under OAPI rules, with legal action possible in member states.
Remedies include injunctions, damages, and seizure of infringing goods.
🔹 Renewal and Maintenance
Annual maintenance fees are payable to maintain the patent.
Failure to pay results in loss of protection.
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