Last Change:

02/11/2025

Law n° 055/2024 of 20/06/2024 on the protection of intellectual property

Year: 2024

Type: Domestic law

Rights Category: Housing, land & property

Description

The purpose of this Law is to protect intellectual property. It applies to: (a) industrial property;(b) copyrights and related rights.

Selected provisions
Article 9: Filing the application for a patent

(1) A patent application is filed with the competent authority.
(2) The patent application contains the following:
(a) a request for the grant of a patent; (b) a description of the invention;
(c) one or more claims of novelty in the invention;
(d) one or more drawings illustrating the invention where necessary;
(e) an abstract of invention;
(f) the proof of payment of a prescribed fee.
(3) An Order of the Minister may determine other items to be submitted to the competent authority at the time of filing a patent application.
(4) The competent authority sets the date of receipt of the application for a patent as the filing date, and classifies the invention according to the International Classification.

Article 24: Examination of patent application

Article 24: Examination of patent application
(1) Before examining the substance of the application for a patent, the competent authority determines whether the following are complied with:
(a) the invention to which the application relates is not excluded from patentability;
(b) the application meets the requirements relating to the form and content of the application.
(2) If the requirements have not been met, the competent authority invites the applicant to comply with relevant requirements within 14 days from the date of notification.
(3) If the applicant meets the relevant requirements referred to in Paragraph (2) of this Article, the date of receipt of the corrected application is considered as the application filing date.
(4) If the requirements to be met relate to drawings, the competent authority considers the date of receipt of the initial application as the application filing date.
(5) If the applicant does not comply with the relevant requirements or complies with them after the prescribed period, the application is considered as withdrawn.