Capital: Sao Tome
Population: 160,000
Major language: Portuguese
Major religion: Christianity
Form of government: Multiparty republic
Monetary unit: 1 dobra = 100 centimos
Main exports: Cocoa
Internet domain: .st
Time zone: GMT
International dialling code: +239

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Trade Marks

A new IP law came into force in 2005 which allows for the registration of trade marks. Previously it was only possible to publish a cautionary Notice in a local newspaper and clearly these now have no ongoing value.

Information and Registry practice has not yet been established, but it does seem that no power of attorney will be needed.

The following information will be updated from time to time as more information becomes available.

International Arrangements:

Paris Convention

Categories of Trade Marks:

There are provisions for the registration of SERVICE MARKS and COLLECTIVE MARKS.

There are no provisions for the registration of DEFENSIVE MARKS or SERIES MARKS

Classification:

The International Classification of goods and services applies.

A single application may cover any number of goods and/or services.

Documents required:

A. New Applications

• 15 prints of the mark.

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Related News Articles:

1) Sao Tome and Principe joins PCT 

Patents

International arrangements:

• Paris Union (from 12 May 1998)
• WIPO (from 12 May 1998)
•  PCT (from 8 July 2008)  

Note: The law in Sao Tome and Principe does recognize the PCT and provides that if there is any conflict between the national law and the PCT, then the PCT Rules prevail.

Types of Patents available:

• Patents of Invention
• National 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 twelve 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:

Discoveries, scientific theories and mathematical methods; plans, principles or methods in the field of economic activity, the performance of purely intellectual activities or games; and methods of surgical or therapeutic treatment of the human or animal body, and methods of diagnosis applied to the human or animal body are not patentable. Products used for surgery, therapy or diagnosis are however patentable.

Filing requirements:

Registry practice has not yet been established. The following information will be updated from time to time as more information becomes available.

Patent of Invention:

• Power of Attorney (can be late filed)
• 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)
• Priority document with verified Portuguese translation of the covering page (can be late filed)

National Phase PCT application:

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

Grant:

The term of a patent is twenty years from the filing date. Renewal fees fall due annually from the first anniversary of the filing date.

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