Patents

 International Arrangements:

  • WIPO (from 23 December 1996)
  • Paris Union (from 9 July 1998)
  • PCT (from 8 May 2000)
  • ARIPO (from 8 May 2000)

Types of Patents Available:

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

Novelty Requirement:

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

  • of disclosure by the applicant or his predecessor in title to scientific or professional institutions or publication or at competitions, exhibitions and trade fairs which are official or officially recognised by the government, or
  • an abuse committed by a third party with regard to the applicant or his predecessor in title, provided that in the case of the former, the applicant when filing the application declares in writing that the invention was effectively exposed and within three months provides proof thereof.

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) (required on the day of filing)
  • Specification and claims in Portuguese or English (required on the day of filing)
  • Abstract in Portuguese (required on the day of filing)
  • Formal drawings, if applicable (required on the day of filing)
  • Verified translation of the specification and claims into Portuguese, if filed in English (required within three months)
  • 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) (required on the day of filing)
  • Specification and claims in Portuguese or English (required on the day of filing)
  • Abstract in Portuguese (required on the day of filing)
  • Formal drawings, if applicable (required on the day of filing)
  • Verified translation of the specification and claims into Portuguese, if filed in English (required within three months)
  • Assignment of Invention (can be late filed, no set deadline)
  • Priority document with verified Portuguese translation (can be late filed within two months)

ARIPO application in which Mozambique 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 priority date with the first two annuities payable at the time of filing.

Printable Version

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