Patents

For nearly thirty years from independence in 1975 there was thought to be no effective Industrial Property legislation. In 2003 the Government affirmed the ongoing validity of a Portuguese Code of 1940, that had been neglected in Cape Verde. An IP Office was established, which enabled applications to be filed in preparation for the implementation of a new law. This new legislation, Decree-Law No. 4-2007, came into effect in August 2007. It repealed the 1940 Code and recognises such applications as were filed thereunder. 

International Arrangements:

  • WIPO (from 7 July 1997)
  • Cape Verde is not a member of the Paris Convention but the 2007 Code, like that of 1940, provides for priority to be claimed and such claims are recognised in practice.

Types of Patents Available:

  • Patents of Invention

Novelty Requirements: 

Absolute novelty is required. However, novelty is not destroyed by disclosure:-

  • To scientific or professional, technical bodies or at official or officially recognised exhibitions in Cape Verde or in WIPO and/or WTO member states held within twelve months preceding the filing date;or
  • Resulting from an evident abuse in relation to the inventor or his successor in title, or improper publication by the national Intellectual Property Institute.

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: 

Patents of Invention:

  • Power of Attorney (notarised) (can be late filed, no set deadline)
  • Specification, claims and abstract in Portuguese (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 Portuguese translation (can be late filed within three months)

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.

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