Patents

 International Arrangements: 

  • Paris Union (from 21 January 1992)
  • WIPO (from 10 December 1980)
  • ARIPO (from 16 January 1986)
  • PCT (from 9 December 1997)

Types of Patents Available:

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

Novelty Requirements:
Absolute novelty is required. However, novelty will not be destroyed if the disclosure of the invention to the public occurred not earlier than six months preceding the filing date or where applicable the priority date, and it was as a consequence of:

  • acts committed by the applicant or his predecessor in title, or
  • an abuse committed by a third party with regard to the applicant or his predecessor in title.

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:
Gambian patent legislation does not make provision for PCT applications, nor are filing requirements for such applications specified. At present, we advise applicants to lodge the same documents as for a non-PCT application, plus the following:

  • Copy of International Publication
  • Copy of International Search report
  • Copy of International Preliminary Report on Patentability

Patents of Invention (Non-PCT):

  • Power of Attorney (simply signed) (can be late filed)
  • 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)
  • Priority document with verified English translation, if applicable (can be late filed within three months)

ARIPO application in which Gambia is designated:
Please see aripo

ARIPO Regional Phase PCT application:
Please see aripo

Grant:
The term of a patent is fifteen years from the filing date, which can be extended on application by five years, provided proof of working is furnished. The term of an ARIPO patent designating Gambia is twenty years from the date of filing.

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

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