Patents Laws in Tunisia
Here’s a summary of Patent Laws in Tunisia:
🔹 Governing Law:
Industrial Property Code of Tunisia (Code de la propriété industrielle)
Administered by the National Institute of Standardization and Industrial Property (INNORPI)
🔹 Patentability Criteria:
To be patentable in Tunisia, an invention must:
Be new (novelty)
Have an inventive step (non-obviousness)
Be industrially applicable
🔹 What Cannot Be Patented:
Discoveries, scientific theories, and mathematical methods
Aesthetic creations
Schemes, rules, or methods for intellectual activities, games, or business
Computer programs “as such” (software is patentable only if it produces a technical effect)
Methods of medical or surgical treatment
🔹 Application Process:
Filing: Applications are filed with INNORPI.
Formal Examination: INNORPI examines the formal aspects of the application.
Substantive Examination: Tunisia requires substantive examination to check patentability.
Publication: Patent applications are published 18 months after filing or priority date.
Grant: If the invention meets criteria, the patent is granted and published.
🔹 Patent Term and Maintenance:
Patents are valid for 20 years from the filing date.
Annual fees are required to maintain the patent.
🔹 Enforcement:
Patent rights are enforced through Tunisian courts.
Rights holders can seek injunctions, damages, and other remedies.
🔹 International Treaties:
Tunisia is a member of the:
Paris Convention (for priority claims)
Patent Cooperation Treaty (PCT)
Bangui Agreement (African regional intellectual property organization)
TRIPS Agreement under the WTO
Additional Info:
Tunisia participates in regional intellectual property efforts under the Organisation Africaine de la Propriété Intellectuelle (OAPI), which harmonizes IP protection among member states. Patents granted by OAPI cover Tunisia and other member countries.
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