9 March 2018
Effective from 1 January 2018, expedited/delayed examination may be requested for ARIPO applications. ARIPO (The Administrative Council of the African Regional Intellectual Property Organization) has adopted new amendments to the Harare Protocol and its regulations, which may prove useful to applicants.
The new amendments relate to Rule 18, which gives effect to section 3(3) of the Protocol and deals with substantive examination of patents. On 1 January 2017, ARIPO introduced a new procedural step requiring an applicant to request substantive examination of patent applications which had, up to that point, been examined automatically. This means that substantive examination of patent applications must be requested within three years of the filing date of the patent application, otherwise the application will lapse. A new Rule 18(7) enables an applicant to request expedited/delayed examination of any application.
The following requirements must be met before a request for expedited/delayed examination will be considered by the ARIPO office:
A request for expedited examination may be filed at the ARIPO Office, provided:
A request for delayed examination may be filed at the ARIPO Office, provided:
KISCH IP’s experienced attorneys specialize in the preparation and prosecution of ARIPO applications and are qualified to provide technical advice and expertise unique to each application.