– Harare Protocol on Patents, Industrial Designs and Utility Models, adopted in Harare, Zimbabwe, on December 10, 1982, as amended from time to time. In 1999, the Harare Protocol was amended to make provision for patent applications involving microorganisms in accordance with the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.
– Regulations for Implementing the Harare Protocol, in force since April 25, 1984, as amended from time to time.
– All member States of the Organization (parties to the Lusaka Agreement) are contracting States to the Harare Protocol, with the exception of Somalia and Mauritius. Member States are Botswana, Cabo Verde (from October 14, 2022), Eswatini (formerly Swaziland), Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Mozambique, Namibia, Rwanda, São Tomé e Príncipe, Seychelles (from January 1, 2022), Sierra Leone, Sudan, Tanzania (mainland), Uganda, Zambia and Zimbabwe.

There is an initial examination as to formality. Any missing elements must be filed, or corrections made, within two months from request by the Registry (extension possible). Upon completion of all formal requirements, a search and an examination fee become payable unless an acceptable search/examination has already been made by an approved authority, e.g. EPO, USA or an International Preliminary Examination Report on patentability (IPRP) for PCT applications. Thereafter, a search will be made and an Office action will issue. The search is conducted by the ARIPO Office in Harare. The administrative rules applicable to patent applications have been expanded to clarify wording acceptable to the ARIPO Examiners concerning claims related to medical indications or use claims. For the purposes of examination, the following standard phrases should be used to avoid unnecessary official objections: (a) claims regarded as first medical indications: (i) pharmaceutical composition for the prophylaxis/treatment of Y(=disease) comprising X(=a drug/medicament); (ii) pharmaceutical composition comprising X; (iii) compound X for use as a drug/medicament for treatment of Y; (iv) use of X for the manufacture of a pharmaceutical composition (note that the disease indication is not mentioned in the claim); (v) compound X for use as an analgesic; (vi) compound X for use in treating disease Y; (vii) compound A containing X for use in treating disease Y (composition A may be genetically defined); (viii) medicament containing compound X; (ix) use of X for preparing a medicament and (b) claims regarded as second medical indications: (Swiss style claims): (i) use of X for the manufacture/preparation of a medicament/pharmaceutical composition for the treatment of Y; (ii) process for the preparation of a medicament for treating disease Y characterized in that compound X is used as the main active component of the medicament.

Amendments: may be made voluntarily or in response to an Office action.

Substantive examination: a substantive examination evaluating the novelty, inventive level and industrial applicability of the application is carried out.

Appeals: a Board of Appeal has been created for reviewing any final rejection by ARIPO. Appeals must be lodged within three months of receiving the final decision.

Transformation into national patent applications: if an ARIPO patent is refused, applicant has three months to request that the application be dealt with as a national application under the domestic laws of a designated State(s).

Publication: in the event a decision is made to grant, then publication takes place upon payment of the publication and grant fees. Thereafter notice is served on all designated Offices, requiring exercise of their power to refuse domestic registration within six months from the date of the notification. From date of publication, inspection of files and abstracting of particulars is possible. Once grant has been formalized by acceptance on the part of domestic Registries, all further aspects of validity, opposition, revocation are regulated by the domestic laws.

Opposition to grant at ARIPO level is not provided for.

Duration: formerly the duration of the patent was regulated by the national laws of the designated States, however the Harare Protocol now expressly states that the duration of a patent shall be twenty years from the filing date.

Definition of infringement, remedies including damages and procedures for enforcement and marking requirements are governed by the laws of the designated States.

Annuities: payable annually to the ARIPO Office from the first anniversary onward and in respect of each designated State.

Amendments after grant: are regulated by the national laws of each designated States.