Patents - Botswana

International Arrangements:

• Paris Union (from 15 April 1998) 
• WIPO (from 15 April 1998) 
• ARIPO (from 6 May 1985) 
• PCT(from 30 October 2003)

Note: The law in Botswana has not yet been amended to recognise the PCT. Although national phase applications are filed and accepted we cannot guarantee that enforceable rights will be granted. Convention, ARIPO and ARIPO Regional Phase applications are recommended at this time.


Types of Patents Available:

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

Novelty Requirements:
Absolute novelty is required. However, information disclosed to the public during the twelve months preceding the filing date or priority date claimed in a patent application shall not destroy the novelty of the invention, where the information is disclosed by the inventor, or by the third party who derived the information from the inventor.

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:
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)  
• Priority document with verified English translation (can be late filed within three months)

National Phase PCT Application:
Botswana 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

ARIPO Patents in which Botswana 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 filing date.

Back to map

• 
• 
• 
•