The Patent System In Ethiopia

Transcription

1 The Patent System In Ethiopia Processing Patent Application in Ethiopia By Ermias Yemanebirhan RSA, Pretoria September 13, 2017

2 PROCESSING PATENT APPLICATION IN ETHIOPIA Content The Ethiopian IP System Major features of the Ethiopian Patent system Prosecution of patent application in Ethiopia Figures and status of patent application Challenges and Impediments

3 THE ETHIOPIAN IP SYSTEM THE LEGAL FRAMEWORK THE CONSTITUTION OF Every one has the right to own property (Article 44) - The Federal government shall patent inventions and protect Copyrights {Article 51(19)} PATENT - Inventions, Minor Inventions and Industrial Designs Regulation: Proc. No 123/1995 TRADE MARK - Trade Mark Registration and Protection Law: Proc.No.501/2006 COPY RIGHT - Copyright and Related Rights Protection Law: Proc.No.410/2004

4 TOP LEADERSHIP The Prime Minister S&T Council Execution MOST S&T Related Ministries Innovation Support & Research System Financial Support Universities S&T University National IP System incubation Centre GRI TVTE LI SMME National Quality System The Base Quality General Education People and Culture IP In The National Innovation System

5 IP SYSTEM cont d Ethiopian Intellectual Property Office (EIPO) Prior 2003 IP Administration in Ethiopia was Fragmented Patent was administrated by the then Science and Technology Commission Copyright and related matter was Administrated by the former Youth, Sport and Culture Ministry Management of Trade mark was handled by the then Ministry of Trade and Industry EIPO was established by Proclamation No. 320/2003

6 Regional IP Councils MOST Director General National IP Council Internal Audit Special Advisor Reform Ethics Patent and Technology Transfer Directorate IP Legal Affairs HRM Plan Trademark, Protection and Development Directorate Copyright and Communities right Directorate Communicati on Finance Property and Service EIPO s Organizational Structure Gender and Women Affairs

7 IP SYSTEM cont d EIPO s Objectives EIPO s Objectives Protect IPRs, Create an information system and provide service to users, Develop and submit policy and legislation proposal to the Government on IP, Render advisory services on IPRs matters & undertake popularization activities to create awareness among the general public, Support and strengthen inventors, authors and musicians associations and other similar societies, Establish relationship with national, regional and international IPRs.

8 The Ethiopian Patent System Patent Proclamation No 123/1995 Objectives To encourage local inventive and creative activities To encourage the transfer and adoption of foreign technology The Proclamation includes Four forms of protection: - Patents - Patents of Introduction - Utility Model - Industrial Design

9 IP SYSTEM cont d Utility model protection is given to inventions which are: - New in Ethiopia and Industrially applicable Reasons for inclusion UM in the law: Most of the inventions involve small adaptations of existing technologies that fall short of qualifying for patent protection On the assumption that small adaptations can have a positive impact on the growth of productivity in the country. To encourage local inventors Patent of Introduction granted to inventions which are: o patented abroad o not expired o not been patented in Ethiopia The term of protection of Patent of Introduction is for a period of 10 year.

10 Patent application process in Ethiopia Follows the principles of the Paris Convention Applicant who file his/her patent application in one of any foreign national patent office can file the same application within twelve months at EIPO; Application can be filed at EIPO in any language; However, as the working languages of the office are Amharic and English, application that is not filed in one of these languages, shall be translated to such an official language within a specified period of time(usually within two months).

11 Patent application process cont d. Currently, based on Ethiopian patent proclamation there are three modes of patent application at the office. These include: Patent ( for Novel, No-Obvious and Useful invention) PI (for invention that has been patented in foreign country but not lapsed in its country of origin) and; UM (for minor invention that can be filed to protect technical innovations which might not qualify for a patent).

12 Patent application process cont d. An applicant who wants to file his/her Ethiopian application must come up with detailed description of the invention which may consist of: a request for grant; abstract; drawings (if any); a description of the invention (Detailed description of the invention including the working procedures, examples, best mode of practicing etc ); claim(s) After receiving the proper application, the office conducts an examination as to novelty, non obviousness and utility of the filed application and concomitantly notifies the examination results to the applicant.

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14 Patent Application Processing Status as of 2017 Status Patent Utility Model Patent of Introduction RECEIVED GRANTED

15 Legal lacuna existed Challenges and Impediments High turn over of skilled man power Lack of experienced IP attorney (legal and technical) that may help the patent applicants in drafting standard and valid patent application, especially for domestic applicant and represent the applicant in any case regarding IP; Low level IP culture among the general public including the learned once. Seamless coordination and Collaboration that optimize resources at the local level has not yet been realized.

16 Challenges and impediments cont d Lingering of the country (Ethiopia) in signing international IP treaties including the Paris convention and the PCT etc. Lack of online patent application system/service, searchable EIPO- filed patent documents; Dependency with donors (mainly WIPO) in major technical equipment and training is observed, even if the country is a member.

17 Thank You