Patents

 International Arrangements:

  • WIPO (from 23 December 1991)
  • Paris Union (from 1 January 2004)
  • PCT (from 1 January 2004)
  • ARIPO (from 23 April 2004)

Types of Patents Available:

  • Patents of Invention
  • Patents of Addition
  • National Phase PCT Application
  • ARIPO Application
  • ARIPO Regional Phase PCT Application

Novelty Requirements:

Novelty is destroyed by:

  • prior local knowledge or use; or
  • sale for more than two years in any country outside Namibia.

Filing Requirements:

National Phase PCT Application:

Namibia 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 Published International Application
  • Copy of International Search report
  • Copy of International Preliminary Report on Patentability

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)

ARIPO application in which Namibia is designated:

Please see aripo

ARIPO Regional Phase PCT application:

Please see aripo

Grant:

The term of a patent is fourteen years from the filing date, which can be extended, on application, by up to seven years, and in exceptional circumstances by up to fourteen years. A patent of addition expires with the main patent.

Renewal:

Renewal fees fall due on the third, seventh and tenth anniversary of the filing date.

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