Patents Laws in Sudan
Here’s a summary of patent laws in Sudan:
📘 Legal Framework
Sudan’s patent system is governed by the Industrial Property Rights Act, 2017 (Law No. 28 of 2017).
The law covers patents, trademarks, industrial designs, and other industrial property rights.
The authority responsible for intellectual property is the Industrial Property Department, under the Ministry of Justice or a related governmental body.
🧠 Patentability Criteria
To be patentable in Sudan, an invention must:
Be novel — new and not previously disclosed anywhere in the world.
Involve an inventive step — not obvious to someone skilled in the relevant technical field.
Be industrially applicable — capable of being made or used in any kind of industry.
❌ Non-Patentable Inventions
Sudanese law excludes the following from patentability:
Discoveries, scientific theories, and mathematical methods.
Schemes, rules, or methods for performing mental acts, playing games, or doing business.
Methods of diagnosis, treatment, and surgery for humans or animals.
Inventions contrary to public order or morality.
📝 Patent Application Procedure
Filing: Submit a patent application with the Industrial Property Department.
Formal Examination: Verify that application requirements are met.
Publication: Applications are published after 18 months from the filing or priority date.
Substantive Examination: Conducted to assess patentability criteria.
Grant: If requirements are met, the patent is granted.
📅 Patent Term
The patent term is 20 years from the filing date.
Annual renewal fees are required to keep the patent in force.
🌍 International Agreements
Sudan is a member of the Paris Convention for the Protection of Industrial Property.
It is also a member of WIPO.
Sudan is not a contracting state to the Patent Cooperation Treaty (PCT).
⚖️ Enforcement and Infringement
Patent owners have exclusive rights to exploit the invention.
Infringement can lead to civil and criminal penalties.
Disputes are typically handled in Sudanese courts.
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