St Thomas & Prince's

St Thomas and Prince’s islands are off the coast of Western Africa, in the Atlantic Ocean, 340 km off the coast of Gabon straddling the equator.

General information

• Capital: São Tomé
• Population: 154 878
• Area: 1 001 km2
• Languages: Portuguese - official language
• Exports: Cocoa; copra; coffee; palm oil
• Imports: Machinery and electrical equipment; food products; petroleum products
• Currency: Dobra

Trademarks

Law:

Regulation of Industrial Property. Decree No. 6/2004 of 30 June 2004. Legislation came into force in 2005 and has replaced the Cautionary Notice system.

International Conventions:

Hague, Madrid Protocol, Paris Convention, Patent Co-operation Treaty, Patent Law Treaty, WIPO

Requirements for Application:

1. Power of Attorney (simply signed)
2. 15 prints of the mark (if logo/device)
3. Priority document, if applicable, with verified Portuguese translation.

Classification:

Multiple class applications are permitted.

Procedure:

Examination as to formalities only.

Opposition:

Opposition may be lodged within three months following advertisement of the trade mark application in the Gazette.

Duration and Renewal:

A trade mark registration is effective for an initial period of ten years and, thereafter, renewable for like periods.

Licensing/Registered Users:

Licensing is recognised.

Requirements:

Licence agreement, with verified Portuguese translation.

Assignments:

Assignments may be made with or without goodwill.

Requirements:

Deed of assignment, with verified Portuguese translation.

Marking of Goods:

Follow the importer’s instructions or specific contract specifications.

Patents

General:

Sao Tome and Principe deposited its instrument of accession to the PCT on 3 April 2008 becoming the 139th PCT contracting state. With effect from 3 July 2008, Sao Tome and Principe (ST) will automatically be designated in any international application filed.

Patentable Subject Matter:

The following subject matters are not patentable:
a. Discoveries, scientific theories and mathematical methods;
b. Plans, principles or methods in the field of economic activities, in the exercise of purely intellectual activities or in gambling business;
c. Methods of surgical or therapeutic treatment of the human or animal body as well as the diagnosis methods applied to the human or animal body. This provision shall not apply to products used in the execution of any such methods

Filing Requirements:

a. A simply signed Power of Attorney
b. Deed of Assignment
c. Specification ( including claims, abstract and drawings) in Portugese
d. Priority document together with the Portugese translation
e. The International Preliminary Report on Patentability/

Novelty:

An invention is considered to be new if it has not been made available to the public by means of a written or oral description, or by disclosure in any other way anywhere in Sao Tome or abroad. A grace period of 12 months prior to the date of filing, or the priority date is available where the disclosure is a result of direct or indirect acts carried out by the applicant or his legal predecessor, or of an abuse perpetrated by a third party.

Examination:

This is limited to formal examination only

Duration/Maintenance:

Granted patents are valid for a period of 20 years from the filing date subject to payment of annual maintenance fees on the anniversary of the filing date. A six months grace period is available for late renewal.

Working:

The invention must be worked failing which a compulsory licence may be granted.