Patents in Africa and National Phase Entry Deadline for pre-America Invents Act PCT Applications

We have already noted an increase in African country instructions for PCT national phase entry applications based on US applications filed in anticipation of the America Invents Act coming into effect on March 16, 2013.

South Africa

A 31-month national phase entry deadline (calculated from the earliest priority date) applies in South Africa. Consequently the national phase entry deadline for cases having a priority date up to mid-March 2013 will be up to mid-October 2015. South African law provides for an extension of three months of the national phase entry deadline, that is up to 34 months from earliest priority. This extension is available upon application filed at the time of national phase entry. A modest surcharge applies to such cases, to allow for the formal request for extension of time. No reasons are required for requesting the 34-month extension. By utilising this option, the deadline for such cases may be extended right up to mid-January 2016.

Other countries in Africa

A 31-month national phase entry (Chapter 1 and 2) deadline (calculated from the earliest priority date) applies in ARIPO, Algeria, Morocco, Mozambique, Seychelles and Sierra Leone as well as for Chapter 2 national phase entry in Gambia, Lesotho, Liberia, Tanzania, Uganda, Zanzibar and Zimbabwe. Consequently the national phase entry deadline for cases having a priority date up to mid-March 2013 will be up to mid-October 2015.

Date published: 2015/09/18
Author: Spoor & Fisher

Tags: patents africa and national phase entry pct applicatiosn