Patents

International Arrangements:

  • Paris Union (from 15 April 1998)
  • WIPO (from 15 April 1998)
  • ARIPO (from 6 May 1985)
  • PCT (from 30 October 2003)

Types of Patents Available:

  • Patents of Invention
  • National Phase PCT application 
  • ARIPO application
  • ARIPO Regional Phase PCT application

Novelty Requirements: 

Absolute novelty is required. However, information disclosed to the public during the twelve months preced- ing the filing date or priority date claimed in a patent application shall not destroy the novelty of the invention, where the information is disclosed by the inventor, or by a third party who derived the information from the inventor. 

Patentability: 

Diagnostic, therapeutic and surgical methods for the treatment of humans and animals are not patentable. However products for use in any such methods may be patented. 

Filing Requirements:

  • National Phase PCT Application
  • Power of Attorney (simply signed) (can be late filed, no set deadline)
  • Specification, claims and abstract in English (required on the day of filing)
  • Formal drawings, if applicable (required on the day of filing)
  • Assignment of Invention (can be late filed, no set deadline)
  • Copy of Published International Application (required on the day of filing)
  • Copy of International Search Report (can be late filed, no set deadline)
  • Copy of International Preliminary Report on Patentability (can be late filed, no set deadline)

Patents of Invention:

  • Power of Attorney (simply signed) (can be late filed, no set deadline)
  • Specification, claims and abstract in English (required on the day of filing)
  • Formal drawings, if applicable (required on the day of filing)
  • Assignment of Invention (can be late filed, no set deadline)
  • Priority document with verified English translation (can be late filed within three months)

ARIPO patents in which Botswana is designated: 

Please see aripo

ARIPO Regional Phase PCT application: 

Please see aripo

Grant: 

The term of a patent is twenty years from the filing date. 

Renewal: 

Renewal fees fall due annually commencing on the first anniversary of the filing date.

Printable Version

download