Patents Laws in Sierra Leone
Hereโs a detailed overview of Patent Laws in Sierra Leone:
๐ธ๐ฑ Patent Law in Sierra Leone
Governing Law and Authority
Primary Legislation:
Patents and Designs Act, 2009 (Cap 228) governs patents in Sierra Leone.
Governing Authority:
Registrar of Patents and Designs under the Industrial Property Office, part of the Ministry of Trade and Industry.
๐ What Can Be Patented?
To be patentable in Sierra Leone, an invention must:
Be new: Not known or used publicly anywhere in the world prior to filing.
Involve an inventive step: Not obvious to a person skilled in the relevant field.
Be industrially applicable: Capable of being made or used in some industry.
โ Not patentable:
Discoveries, scientific theories, and mathematical methods.
Schemes, rules, or methods for doing business, playing games, or performing mental acts.
Literary or artistic works, computer programs as such.
Inventions contrary to public order or morality.
๐ Patent Application Process
Filing:
Applications submitted to the Industrial Property Office.
Must include a detailed description, claims, drawings (if applicable), and the filing fee.
Formal Examination:
The Registrar examines the application for compliance with formal requirements.
Publication:
The application is published in the Industrial Property Journal after 18 months from filing or priority date.
Substantive Examination:
Sierra Leone follows a registration system without substantive examination.
However, substantive examination can be requested or required in certain cases.
Grant:
Patent is granted if all requirements are met.
โณ Patent Duration and Maintenance
Patents last for 20 years from the filing date.
Annual renewal fees apply to maintain the patent.
Failure to pay fees results in lapse of patent rights.
๐ International Treaties
Sierra Leone is a member of:
Paris Convention for the Protection of Industrial Property
Patent Cooperation Treaty (PCT)
World Trade Organization (WTO) โ TRIPS Agreement
These treaties facilitate international patent protection and cooperation.
๐ก๏ธ Enforcement & Infringement
Patent holders can enforce rights through civil courts.
Remedies include injunctions, damages, and seizure of infringing goods.
Criminal penalties may apply in cases of willful infringement.
๐งโโ๏ธ Legal Representation
Foreign applicants must appoint a local patent agent or attorney.
It is advisable to consult IP professionals for filing and enforcement.
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