Patenting In Angola: A Guide To Protecting Your Invention

Angola's patent law is governed by Law No. 3/92 of February 28, 1992, on Industrial Property. The country is a member of the PCT (Patent Cooperation Treaty), WIPO, and the Paris Convention. To obtain a patent in Angola, you must file your application with the Angolan Institute of Industrial Property (AIPI), which takes between 3 to 4 weeks to issue official filing receipts. The process includes specific requirements, such as providing a Power of Attorney (POA) and ensuring all documents are in Portuguese or accompanied by certified translations. This paragraph provides a brief introduction to the topic of obtaining a patent in Angola, and the following sections will delve into the details of the process, requirements, and any relevant considerations for seeking patent protection in the country.

Angola's patent law and registration procedure

The Angolan Institute of Industrial Property (IAPI) is the competent authority responsible for governing and dealing with trademark registration. The IAPI is under the Ministry of Industry and can be contacted via email or postal mail.

Angola is a member of the World Intellectual Property Organization (WIPO) since 1985, the Paris Convention, and the Patent Cooperation Treaty (PCT) since 2007. It is also a member of the World Trade Organization and, consequently, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) since 1996.

There are two types of patents that can be protected in Angola: Process Patent and Product Patent. Any invention that satisfies the conditions of novelty, inventive step, and industrial applicability is subject to patentability. The types of patent applications include Non-Convention Application, Convention Application, PCT National Phase Application, Divisional Application, and Patent of Addition.

The patent of invention in Angola lasts for fifteen (15) years. The protection term of a utility model patent is also fifteen (15) years. Opposition against a patent application can be raised at the pre-grant stage by any third party within two (02) months of publication.

Requirements for patent applications

To obtain a patent in Angola, you must submit a patent application to the Angolan Institute of Industrial Property (AIPI or IAPI). The patent law in Angola is governed by Law No. 3/92 of February 8, 1992, on Industrial Property.

• A Power of Attorney (POA), signed by the holder, duly notarized and legalized before the Angolan Embassy or Consulate.
• Assignment confirmation that is also notarized and legalized before an Angolan Consulate/Embassy.
• Portuguese translation of the patent description, drawings, claims, and abstract (including the figure to be published). All documents should be in Portuguese or accompanied by a Certified Portuguese translation.
• Patent title, abstract, description, claims, and drawings.
• International search report.
• Copy of the International Preliminary Report on Patentability.
• Copy of priority document (if applicable and if not PCT), notarized and legalized.
• Deed of assignment, legalized or notarized and legalized.

The patent application process in Angola can be lengthy, with the publication of the application in the Official Bulletin currently taking around 36 months after submission. After publication, there is a 60-day period for opposition by third parties. If there is no opposition, the Angolan patent office will grant the patent application, and granting fees are to be paid between 6 and 8 months after publication. The registration certificate will take a minimum of 4 years to be issued. Patents in Angola are valid for 15 years.

Types of patents available

Angola offers two types of patents: Process Patent and Product Patent. Any invention that satisfies the conditions of novelty, inventive step, and industrial applicability is eligible for patentability.

National Patents are the most effective way of defending your invention if you only require protection in a single jurisdiction. If you need protection in multiple jurisdictions, Angola has signed international agreements on patents, such as the Patent Cooperation Treaty (PCT), which facilitate their internationalization. The PCT system allows for simplified international patent applications, which in turn ease national filings.

The types of patent applications in Algeria include Non-Convention Application, Convention Application, PCT National Phase Application, Divisional Application, and Patent of Addition. Utility Model Protection is also available under the patent law.

Opposition to patent applications

In Angola, any third party may raise an opposition against a patent application at the pre-grant stage. This must be done after the patent is published but before it is granted, within two months of the publication date.

Angola's patent laws are governed by the Industrial Property Act, Law no 3/92 of 1992, which has been in force since 28 February 1992. Chapter 2 of the Angolan Industrial Property Law (Article 2 to Article 14) deals with the mechanism of patent protection.

The two types of patents that can be protected in Angola are Process Patents and Product Patents. Any invention that satisfies the conditions of novelty, inventive step, and industrial applicability is eligible for patentability.

The types of patent applications in Angola include Non-Convention Application, Convention Application, PCT National Phase Application, Divisional Application, and Patent of Addition. Utility Model Protection is also available under the patent law.

The time period for PCT National Phase Filing is thirty months. The patent of invention lasts for fifteen years in Angola, and the same protection term applies to utility model patents.

Patent duration and renewal

In Angola, patents are valid for 15 years from the date of application. This is because the Angolan IP Law has not yet been adapted to the PCT treaty. However, utility model patents also have a protection term of 15 years.

The Angolan Patent Office will take between 3 to 4 weeks to issue the official filing receipts for an application. The proof of filing is sent within 3 working days. The publication of a patent application in the Official Bulletin is currently taking place about 36 months after the application. From the date of publication, a 60-day period opens for opposition purposes by third parties.

The registration certificate will take at least 4 years to be issued. Annuities are due from the application date and must be paid before the due date, which is usually six months before the renewal date.

The patent can be renewed indefinitely for further periods of 15 years upon payment of the prescribed renewal fee.

Frequently asked questions