Patents

 International Arrangements:

  • Paris Union (from 28 September 1989)
  • WIPO (from 18 November 1986)
  • ARIPO (from 23 October 1987)
  • PCT (from 21 October 1995)

Types of Patents Available:

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

Novelty Requirements:

Novelty is destroyed by anything disclosed to the public by:

  • publication in a tangible form anywhere in the world, or
  • prior oral disclosure, by use or in any other way in Lesotho.

However, novelty will not be destroyed if the disclosure of the invention to the public in Lesotho 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:

  • Power of Attorney (notarised) (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)
  • International Patent Classification (can be late filed, no set deadline)
  • 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 (Non-PCT):

  • Power of Attorney (notarised) (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)
  • International Patent Classification (can be late filed, no set deadline)
  • Assignment of Invention (can be late filed, no set deadline)
  • Priority document with verified English translation (can be late filed within three months)

ARIPO application in which Lesotho 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. However, the term of the patent may be extended for a further period of five years provided that proof is furnished that the invention is being properly worked in Lesotho at the date of the request or that there are legitimate reasons for failing to work the invention. The term of an ARIPO patent designating Lesotho is twenty years.

Renewal:

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

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