Regional Patent applications in Africa

African Regional Industrial Property Organisation (ARIPO)

ARIPO is for certain English-speaking African countries. The member countries are Botswana, Gambia, Ghana, Kenya, Lesotho, Malawi, Sierra Leone, Sudan, Swaziland, Uganda, Zambia and Zimbabwe.

At the time of filing of an ARIPO application, the applicant must designate those member states in which he ultimately requires patent protection and it is not necessary to designate all the member countries. Please note that to obtain patent protection in the countries listed above, one can either file an ARIPO application designating the member countries or one can instead elect to file separate national applications in each of the countries where one requires patent protection. If one requires patent protection in approximately four or more of the ARIPO member countries, it would be more cost effective to file an ARIPO application instead of filing separate national applications.

An ARIPO application is subjected to substantive examination. When granted, the ARIPO patent extends automatically to the designated member countries and is subject to the respective national laws of each member country.

ARIPO can be designated for the national phase of a PCT application but such application will cover only those member countries which are also members of PCT, i.e. Gambia, Ghana, Kenya, Lesotho, Malawi, Sierra Leone, Sudan, Swaziland, Uganda and Zimbabwe.

Botswana and Zambia are not yet members of the PCT.

African Intellectual Property Organisation (AIPO or more commonly known as OAPI)

OAPI is for certain French-speaking African countries. OAPI is unique in that its member countries have renounced their national sovereignty to convey to the patentee a single title of protection valid in each country. Hence designation of countries is not required, i.e. all OAPI applications are in respect of all member countries, viz Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Congo, Côte d’Ivoire, Gabon, Guinea, Guinea Bissau, Mali, Mauritania, Niger, Senegal and Togo.

An OAPI application is subjected to substantive examination and when granted, the OAPI patent extends automatically to all the member countries.

OAPI can be designated for the national phase of a PCT application.