– Harare Protocol on Patents, Industrial Designs and Utility Models, adopted in Harare, Zimbabwe, on December 10, 1982, as amended from time to time. The amendment of 2001 extended the Protocol to provide for utility models.
– 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. Of these, the following have (a) national legislation conferring utility model rights; and (b) provisions recognizing ARIPO registrations thereof: Botswana, Cabo Verde, Gambia, Ghana, Kenya, Lesotho, Liberia, Mozambique, Namibia, Rwanda, São Tomé e Príncipe, Seychelles, Sierra Leone, Tanzania, Uganda and Zambia.

Registrability: “utility model” means any form, configuration or disposition of elements of some appliance, working tools and implements as articles of everyday use, electrical and electronic circuitry, instrument, handicraft, mechanism or other object or any part thereof in so far as they are capable of contributing some benefit or new effect or saving in time, energy and labor or allowing a better or different functioning, use, processing or manufacture of the subject matter or that gives utility advantages, environmental benefit, and includes microorganism or other self-replicable material, products of genetic resources, herbal as well as nutritional formulations which give new effects. A utility model must be new and industrially applicable.

Novelty: although it is provided that a designated State may refuse to recognize the registration of a utility model on the ground that it is not new, there is no definition in the Harare Protocol as to the meaning of “new”.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney (on ARIPO Form 4) (may be lodged within two months from application);
2. Description of the utility model, claim(s), drawing(s) or a model, and an abstract;
3. Designation of States required;
4. Certified copy of basic application where priority is claimed (sworn translation as in patents, if applicable);
5. Assignments: (a) from inventor(s), (b) of priority rights if relevant.

Electronic filing: available. 

Electronic signatures: are accepted. Scanned copies of signed documents are also accepted, however, the original must follow at a later date.

Patent Cooperation Treaty applications: all contracting States are also members of the PCT. PCT national phase applications can be filed via the ARIPO Office (within 31 months of the earliest priority date).

Examination: formal and substantive examination carried out.

Conversion: at any time before the grant or refusal of a patent, an applicant may convert his patent application into a utility model application. Similarly, at any time before the grant or refusal of a utility model, an applicant may convert his utility model application into a patent application. An application may not be converted more than once.

Duration: ten years from filing date; this may be affected by the domestic laws of each designated State.

Annuities: payable annually to the ARIPO Office from the first anniversary of filing.

The other provisions of the Protocol correspond to those relating to “patents“, above.