Patents Laws in Zambia

27 May 2025 --
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Zambia's patent laws are governed by the Patents Act No. 40 of 2016, which modernized the country's intellectual property (IP) framework to align with international standards and promote innovation. The Patents and Companies Registration Agency (PACRA) is the statutory body responsible for administering patents and other IP rights in Zambia.(inventa.com)

🧾 Key Features of Zambia’s Patent Law

1. Patentable Inventions

To qualify for patent protection in Zambia, an invention must meet the following criteria:

Novelty: The invention must be new and not have been disclosed to the public.

Inventive Step: It must involve an inventive step that is not obvious to someone skilled in the relevant field.

Industrial Applicability: The invention must be capable of being used in some kind of industry, including agriculture.

2. Patent Exclusions

Certain subject matter is excluded from patent protection, including:

Discoveries, scientific theories, and mathematical methods.

Schemes, rules, or methods for performing mental acts, playing games, or doing business.

Methods for the treatment of the human or animal body by surgery or therapy, as well as diagnostic methods.

Plant or animal varieties and essentially biological processes for the production of plants or animals (except for microbiological processes and the products thereof).

Mere presentations of information.

3. Patent Term

A granted patent is valid for 20 years from the filing date, with no possibility of extension.

4. Utility Models

Zambia also provides protection for utility models, which are similar to patents but typically involve inventions with a lower inventive step. Key points include:

Duration: Utility models are protected for 7 years from the filing date, with no possibility of renewal.

Patentability: Inventions eligible for utility model protection must be new and industrially applicable but do not require an inventive step.

Conversion: Applications for utility models can be converted into patent applications at any time before the grant or refusal of the utility model.

5. International Treaties

Zambia is a member of several international and regional IP treaties, including:

Paris Convention for the Protection of Industrial Property: Facilitates the protection of industrial property rights across member countries.

Patent Cooperation Treaty (PCT): Allows for the filing of international patent applications, which can be processed in Zambia's national phase.

Harare Protocol: Administered by the African Regional Intellectual Property Organization (ARIPO), this protocol allows for the registration of patents in multiple African countries through a single application.

6. Enforcement and Legal Remedies

Patent rights in Zambia can be enforced through various legal mechanisms:

Administrative Protection: Applications can be made to state authorities, including PACRA or the Ministry of Commerce, Trade and Industry.(pacra.org.zm)

Civil Remedies: Filing lawsuits for recognition of rights, damages, compensation for patent infringement, cessation of actions that infringe patent rights, and other claims.

Criminal Defense: Certain types of patent infringement, including unlawful use of inventions, utility models, or industrial designs, are subject to criminal liability.

Administrative Sanctions: Administrative fines and other sanctions may be imposed for patent infringement in accordance with Zambian law.